Cc-uk mailing list

[Edward Barrow <edward AT copyweb.co.uk>]

I apologise if the comments I make here revisit old ground; I have come 
somewhat late into the process. Make of them what you will, and recognise 
that these are offered in my individual capacity rather than representing the 
views of any client. They also come without warranty.

(1) Objective of the internationalisation effort.
The CC-US site breaks the CC licences down into three parts: a human-readable 
Deed, a lawyer-readable "legal code" and a machine-readable code. Clearly the 
lawyer-readable "legal code" is jurisdiction-specific. Is the objective to 
create a slot-in version of the legal code that will work in the UK, while 
keeping the human-readable Deed parts the same? 

If not, why not? 

(2) The UK drafts are cast as bare licences while it appears that the US 
licences are cast as contracts. Does this create an incompatibility? 
(Incidentally, I have had some exchanges with US copyright lawyers on the CNI 
list in which the US lawyers were unable to grasp the concept of a bare 
licence; but I think the problem is semantic as I am sure they recognise that 
a simple permission need not involve privity or consideration). 
It may also be worth considering which tribunal would hear cases: County 
court 
for contract cases, High Court for copyright infringement/breach of licence. 
Just a thought.

(3) Separating recitals
There are some parts of the document that would I think sit more happily as 
recitals rather than as terms and conditions. I am thinking specifically of 
those relating to CC itself, and also the point about fair dealing and other 
defences.

(4) Collecting societies
I think the approach adopted works well but it doesn't seem to me to be 
compatible with the waiver approach adopted in the US licence. (I can't 
comment on whether the approach would be acceptable to my client the CLA).

OK, that's all for now. I hope to make further contributions to this process 
once I am a little further up to speed with the objectives and the approach.

-- 
Edward Barrow
Copyright Consultant
edward AT copyweb.co.uk
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