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  • From: "Jackie Proven" <Jackie.Proven AT perth.uhi.ac.uk>
  • To: <website3 AT jonathanmitchell.info>, <cc-uk AT lists.ibiblio.org>
  • Subject: Re: [Cc-uk] Creative Commons Scotland
  • Date: Tue, 15 Nov 2005 21:34:04 +0000

Many thanks for the information, and for appending the current draft. Helpful
to see the ongoing changes, and interesting to note that it is still around
600 words shorter than the generic licence!

Regards
Jackie

>>> Jonathan Mitchell <website3 AT jonathanmitchell.info> 14/11/2005 21:14 >>>
Sorry not to have replied more promptly- I've been swamped with work in the
last few weeks.

So far as the licence position is concerned, fairly extensive changes to the
publicised draft were sought by Mia Garlick, CC counsel. The draft had
attempted to keep compatibility with the England and Wales draft, but it was
pointed out by MG that this lacked compatibility in a number of ways with
the generic licence and other national licences, and the preference was to
get ours internationally-compatible (so also allowing it to be used as a
template for a revised EW edition); thus the delay. I append the current
working draft, sent to iCC on 3 November, below, and I am hopeful that we
will have an agreed version soon. Thereafter I hope to liaise with Andrew
Murray, the new project lead in EW, on the EW revision.

Jonathan
--
Jonathan Mitchell QC
Joint project lead, Creative Commons Scotland

Murray Stable, Advocates Library, Parliament House, Edinburgh EH1 1RF,
Scotland
Fax 0870 124 8222
Mobile 0773 963 9343

CCS website: http://creativecommons.org.uk/?n=Scotland.Home
Personal website: http://www.jonathanmitchell.info

Note:

Creative Commons Scotland
Public Licence Agreement
Attribution : Non-Commercial : ShareAlike : Scotland
Licence Draft 1.5.1
2 November 2005

Draft Licence
This Creative Commons Scotland public licence enables You to Use the Work
worldwide for non-Commercial purposes provided that You keep to the terms of
this Licence.

'The Licensor' (the Person offering the Work under the terms and conditions
of this Licence)
and
'You' (the Person acquiring rights under this Licence)
agree as follows:

1. Definitions of Capitalised Words
1.1. "Collective Work" means a work made up of the Work in its entirety in
unmodified form, along with other work, assembled into a collective whole.

1.2. "Commercial" means primarily intended for commercial advantage or
payment; but exchange for other copyrighted work without payment (whether by
means of digital file-sharing or otherwise) is non-Commercial.

1.3. "Derivative Work" means a work that Uses the Work (or any substantial
part of the Work) in any material form whatsoever, other than (i) as a whole
and in unmodified form, or (ii) by modifying it as may be technically
necessary to Use it in a different mode or format; but a Collective Work is
not a Derivative Work for the purpose of this Licence.

1.4. "Derogatory Treatment" means derogatory treatment as defined by section
80 of the Copyright Design and Patents Act 1988, except as allowed by that
Act: and it has that meaning wherever that treatment may take place and
whoever may carry it out.

1.5. "Licence Elements" means the following attributes indicated in the
title of this Licence: Attribution, non-Commercial, ShareAlike.

1.6. "Original Author" means the Person who created the Work.

1.7. "Person" means a natural person or a body of persons corporate or
incorporate.

1.8. "Use", as a verb, means doing any act which is restricted by copyright,
whether in the original medium or any other; and includes modifying the Work
as may be technically necessary to Use it in different modes or formats.

1.9. "Work" means the work protected by copyright which is offered under the
terms of this Licence, and includes the Work as incorporated in any
Collective Work.

1.10. Words in the singular include the plural and vice versa.

2. The Rights Granted
2.1. The Licensor grants to You a worldwide, royalty-free, non-exclusive,
licence to Use the Work in any non-Commercial way for the duration of its
copyright.
So you may, for example:
a) copy the Work, or create Derivative Works or incorporate it into a
Collective Work;
b) copy Derivative Works, or the Work as incorporated in any Collective
Work; or
c) publish, perform or communicate the Work and/or Derivative Works and/or
the Work as incorporated in any Collective Work to anyone;
in any medium whether now known or created in the future.

2.2. However, this Licence does not allow you to:
a) impose any terms or any technological measures on the Work, or a
Derivative Work, that alter or restrict the terms of this Licence or any
rights granted under it or have the effect or intent of restricting the
ability of any person to exercise those rights;
b) sublicense the Work; or
c) subject the Work to Derogatory Treatment.

2.3. You must, if you publish or distribute the Work or any Derivative Work
to anyone else in any way, give reasonable credit to the Original Author as
follows:
a) by giving the name of the Original Author if that has been supplied; or a
pseudonym if that has been supplied instead; or the name of any other person
if that has been supplied for attribution in place of the Original Author;
b) by giving the title of the Work if that has been supplied;
c) by giving the Uniform Resource Identifier of the Work if that has been
supplied, but you need not do so if this does not refer to its copyright
terms or to its licensing information; and
d) in the case of a Derivative Work, by identifying how the Work has been
used (for example, ³French translation of the Work by X², or ³Screenplay
based on original work by X²).
But, if what you are publishing or distributing is a Derivative Work or a
Collective Work, you must remove any of these credits if you are asked to do
so by the Licensor and if it is practicable to do so.
These are important conditions of this licence and if you fail to do so you
will be in material breach of its terms.

2.4. The Original Author asserts the right to be identified as the original
author of the Work; but only as and when required by clause 2.3 above.

2.5. You must also, if you publish or distribute the Work or any Derivative
Work to anyone else in any way:
a) include a copy of this Licence (or its Uniform Resource Identifier) with
it; and
b) keep intact any copyright notices for the Work and notices that refer to
this Licence.
These are important conditions of this licence and if you fail to do so you
will be in material breach of its terms.

2.6. Each time You publish or distribute the Work or any Derivative Work to
anyone else in any way, the Licensor offers to the recipient a licence to
the Work on the same terms and conditions as this Licence.

2.7. Any Derivative Work you create must be under a licence which is either
one with the same terms and conditions as this Licence, or a later version
of this Licence with the same Licence Elements as this Licence, or another
Creative Commons licence with the same Licence Elements as this Licence (for
example, Attribution-NonCommercial-ShareAlike 2.5 Slovenia).

2.8.
a) The right to collect royalties for any Commercial use of the Work is
reserved;
b) The right to collect payments via a licensing body or collecting society
for any Commercial use of the Work is reserved;
c) The right to collect payments under the Public Lending Right scheme (or
any public scheme that provides payment for public borrowing or use) is
reserved;
d) The right to release the Work under different terms, or to stop
distributing the Work is reserved; and
e) All other rights not expressly granted by the Licensor are reserved.

2.9. This Licence does not affect any rights that You or anyone else may
independently have under any applicable law (including fair dealing, fair
use, or any other legally recognised limitation or exception to copyright
infringement) to Use this Work.

3. Warranties and Disclaimer
3.1. The Work is licensed by the Licensor "as is" and without any warranty
of any kind, either express or implied, whether of title, of accuracy, of
fitness for purpose, or otherwise.

4. Limit of Liability
4.1. Subject to any liability which may not be excluded or limited by law,
the Licensor shall not be liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any Use under
this Licence, whether by You or by anyone else, and whether caused by any
fault on the part of the Licensor or not. If liability may not be excluded
by law, it is limited to actual and direct financial loss to the extent it
is caused by proved negligence on the part of the Licensor.

5. Termination
5.1. Any breach by You of the terms of this Licence (for example, by
distributing the Work without attributing authorship as appropriate)
entitles the Licensor to terminate this Licence with immediate effect and
without notice to you. Persons who have received the Work, Derivative Works,
or Collective Works from You under this Licence, however, will not have
their licences terminated provided their use is in full compliance with this
Licence or a licence granted under clause 2.6 of this Licence.

5.2. If You are not in breach of the terms of this licence, the Licensor may
not terminate your rights under it.

5.3. Unless terminated under clause 5.1, this Licence is granted to You for
the duration of copyright in the Work.

6. General
6.1. If any provision of this Licence is held to be invalid or
unenforceable, that shall not affect the validity or enforceability of the
remainder of the terms of this Licence.

6.2. This Licence is the entire agreement between the parties with respect
to the Work licensed here. It replaces any earlier understandings,
agreements or representations with respect to the Work not specified here.

6.3. If You are in breach of the terms of this Licence (for example, by
distributing the work licensed without attributing authorship as
appropriate) you will not be entitled to rely on the terms of this Licence
or to complain of any breach by the Licensor.

6.4. Neither You, nor anyone else, may enforce any provision of this Licence
by specific implement or interdict.

6.5. This Licence is governed by the law of Scotland and the parties accept
the exclusive jurisdiction of the Courts of Scotland to decide any action or
claim directed against the Licensor.

6.6. If there is any dispute as to the meaning or effect of any provision of
this Licence, it must so far as possible be read and given effect in a way
that is compatible with the provisions of the Creative Commons generic
licence, version 2.5, which has the same Licence Elements.

The Notice below is not part of this Licence.

[Note: in the boxed sections above and below the licence, change the
spelling 'license' to 'licence'; in the top box, change the word 'Attorney'
to the word 'Agent'. Otherwise, leave unchanged.]


> From: Jackie Proven <Jackie.Proven AT perth.uhi.ac.uk>
> Date: Tue, 08 Nov 2005 14:25:21 +0000
> To: <ccs AT jonathanmitchell.info>
> Cc: <cc-uk AT lists.ibiblio.org>
> Subject: Creative Commons Scotland
>
> Jonathan
>
> Having explored the CC Scotland website I am looking forward to seeing a new
> set of licenses published. The project I am working on would like to look at
> ways the licenses could be used for Digital Repositories of Learning
> Objects,
> and it would be good to have the relevant set.
>
> Have there been any changes proposed by CC to your draft version, and is
> there
> any word as to when they will be available? The plain language used in the
> Scottish versions should (I hope) suit the "uninitiated" amongst our
> intended
> audience. (As an aside, is there any intention to produce a Gaelic version?)
>
> Many thanks
> Jackie
>
> Jackie Proven
> Digital Rights Research & Development Assistant
> TrustDR JISC Project
> UHI Millennium Institute
> http://www.uhi.ac.uk/lis/projects/trustdr/
>
> Room 145
> Perth College
> Crieff Road
> Perth PH1 2NX
>
> Tel. 01738 877339
> jackie.proven AT perth.uhi.ac.uk
> www.uhi.ac.uk
>
>
>
>
>










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