Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

The Copyright, Designs & Patents Act 1988 states:

"A waiver-
 (a) may relate to a specific work, to works of a specified description or to 
works generally, and may relate to existing or future works, and
 
 (b) may be conditional or unconditional and may be expressed to be subject 
to revocation;
and if made in favour of the owner or prospective owner of the copyright in 
the work or works to which it relates, it shall be presumed to extend to his 
licensees and successors in title unless a contrary intention is expressed."

By my reading (IANAL), the waiver could be made specific to the CC-licensing 
of a work (this would be 'conditional' on acceptance of the CC license). For 
work that allows derivation this would work well as the waiver would follow 
the work downstream.

And the waiver could be revoked as part of the termination of the license if 
the license terms are broken.

Is this correct?

But before this section, the act states:

"Any of those rights may be waived by instrument in writing signed by the 
person giving up the right."

Does "in writing signed" literally mean a piece of paper with a pen signature 
on, or are there any acceptable equivalents or substitutes? A signed document 
breaks the ease-of-use of the CC licenses. Could the content provider promise 
to provide a written note on request (like providing tapes/disks by post 
under the GPL)?

- Rob.