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CC0 Update 3

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Creative Commons International
Creative Commons International

By: Diane Peters Presentation at CCi Legal Day 2008 in Sapporo, Japan http://wiki.creativecommons.org/CCi_Legal_Day_2008

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CC0 Update and Work Session Legal Day, Sapporo Japan 29 July 2008 Diane Peters, General Counsel
Filling a Need: Legal tool enabling authors and ? owners “ next to no right reserved”
First Attempts CC’s Public Domain Dedication: limitations US-Centric Porting required Others, e.g., Pubic Domain Dedication License (PDDL) by Open Data Commons
CC’s Second Attempt Design Principles: Further iteration of PDD Easy to use and understand Legally accurate Reduce transaction costs
CC0 Waiver and CC0 Assertion Draft 1 Combined tool and protocol in single instrument: Enable authors to waive Enable marking of other works Limitations: US-centric (anticipated porting) Confusing
CC0 Waiver and CC0 Assertion Draft 2 Additional Design and Strategic Goals: Simplify: separate legal tool from protocol Universal: no porting (at least initially) New Challenges: Moral rights, etc. Formalities Interpretation
Feedback and Issues: Beta Discussion Draft 2
Waiver Overstates effect of waiver in many jurisdictions “ without restriction of any kind” “ eliminating and entirely removing” Unclear which IP rights are being waived How do we handle moral rights? Risking invalidation of entire instrument?
Trying to Affect 3 rd Party Rights? Potential for confusion by Affirmers and users Publicity and privacy rights? Co-owners? Cannot eliminate: elevate/ID issue to reduce risk
Other Issues Signature requirements? Who can use and how do know? Alternative license grant Not consistent with other CC license grants Effective date
Some Proposed Solutions (see working draft)
Waiver Preamble and statement of intent Statement of problem attempting to solve Acknowledge limmitations
Waiver Language improvements Single definition: “Copyright Related Rights” Whereas the work associated with this Copyright Waiver (the “Work”) may be protected by copyright and related or neighboring legal rights, author’s rights, database rights and/ or other similar equivalent or corresponding rights throughout the world (the “Copyright Related Rights”) ** Could incorporate database language also Eliminate confusing language
Waiver Preamble and statement of intent Language improvements Single definition: “Copyright Related Rights” Eliminate confusing language No patent or trademark rights affected Limit waiver to waivable rights only – possible?
3 rd Party Rights Disclaim responsibility to clear or get permission; no affect on others rights … nor does this Copyright Waiver affect any other person’s copyright, trademark or patent rights related to the Work, including related and neighboring rights. For the avoidance of doubt, Affirmer hereby fully and completely disclaims responsibility for clearing rights of other persons that may apply to any intended use of the Work, including without limitation publicity and privacy rights, or for obtaining any necessary consents, permissions or other rights required for such use.
Signature requirements Resist analogy to assignment Analogize to covenant not to sue? Or other alternatives as suggested by SF?
Who can be an “Affirmer”? Amplified definition in preamble Whereas the person associating this Copyright Waiver with a Work is, as of such date, (i) an author of the Work and holds rights conferred by copyright law in the Work, (ii) a copyright owner of the Work, and/or (iii) an author, maker or rights holder of a database (in each case, the “Affirmer”) FAQ and during association process
Next Steps
Timing on resolution of issues: pre or post Draft 3? Upgrade deed and technical implementation/process Publish for adoption with FAQ Linguistic translations via CCi network Possible jurisdiction-specific activities Promotion – use cases Local effect and interpretation? Retire PDD? Usefulness as alternative in US?
For ongoing discussion with CCi: Viability of CC0 for more than data? Viability of CC0 outside of the US

More Related Content

CC0 Update 3

  • 1. CC0 Update and Work Session Legal Day, Sapporo Japan 29 July 2008 Diane Peters, General Counsel
  • 2. Filling a Need: Legal tool enabling authors and ? owners “ next to no right reserved”
  • 3. First Attempts CC’s Public Domain Dedication: limitations US-Centric Porting required Others, e.g., Pubic Domain Dedication License (PDDL) by Open Data Commons
  • 4. CC’s Second Attempt Design Principles: Further iteration of PDD Easy to use and understand Legally accurate Reduce transaction costs
  • 5. CC0 Waiver and CC0 Assertion Draft 1 Combined tool and protocol in single instrument: Enable authors to waive Enable marking of other works Limitations: US-centric (anticipated porting) Confusing
  • 6. CC0 Waiver and CC0 Assertion Draft 2 Additional Design and Strategic Goals: Simplify: separate legal tool from protocol Universal: no porting (at least initially) New Challenges: Moral rights, etc. Formalities Interpretation
  • 7. Feedback and Issues: Beta Discussion Draft 2
  • 8. Waiver Overstates effect of waiver in many jurisdictions “ without restriction of any kind” “ eliminating and entirely removing” Unclear which IP rights are being waived How do we handle moral rights? Risking invalidation of entire instrument?
  • 9. Trying to Affect 3 rd Party Rights? Potential for confusion by Affirmers and users Publicity and privacy rights? Co-owners? Cannot eliminate: elevate/ID issue to reduce risk
  • 10. Other Issues Signature requirements? Who can use and how do know? Alternative license grant Not consistent with other CC license grants Effective date
  • 11. Some Proposed Solutions (see working draft)
  • 12. Waiver Preamble and statement of intent Statement of problem attempting to solve Acknowledge limmitations
  • 13. Waiver Language improvements Single definition: “Copyright Related Rights” Whereas the work associated with this Copyright Waiver (the “Work”) may be protected by copyright and related or neighboring legal rights, author’s rights, database rights and/ or other similar equivalent or corresponding rights throughout the world (the “Copyright Related Rights”) ** Could incorporate database language also Eliminate confusing language
  • 14. Waiver Preamble and statement of intent Language improvements Single definition: “Copyright Related Rights” Eliminate confusing language No patent or trademark rights affected Limit waiver to waivable rights only – possible?
  • 15. 3 rd Party Rights Disclaim responsibility to clear or get permission; no affect on others rights … nor does this Copyright Waiver affect any other person’s copyright, trademark or patent rights related to the Work, including related and neighboring rights. For the avoidance of doubt, Affirmer hereby fully and completely disclaims responsibility for clearing rights of other persons that may apply to any intended use of the Work, including without limitation publicity and privacy rights, or for obtaining any necessary consents, permissions or other rights required for such use.
  • 16. Signature requirements Resist analogy to assignment Analogize to covenant not to sue? Or other alternatives as suggested by SF?
  • 17. Who can be an “Affirmer”? Amplified definition in preamble Whereas the person associating this Copyright Waiver with a Work is, as of such date, (i) an author of the Work and holds rights conferred by copyright law in the Work, (ii) a copyright owner of the Work, and/or (iii) an author, maker or rights holder of a database (in each case, the “Affirmer”) FAQ and during association process
  • 19. Timing on resolution of issues: pre or post Draft 3? Upgrade deed and technical implementation/process Publish for adoption with FAQ Linguistic translations via CCi network Possible jurisdiction-specific activities Promotion – use cases Local effect and interpretation? Retire PDD? Usefulness as alternative in US?
  • 20. For ongoing discussion with CCi: Viability of CC0 for more than data? Viability of CC0 outside of the US