This is a presentation given by Timothy Vollmer July 10 at the LAPSI final conference in Turin, Italy.

1. 4.0 and PSI
the same, the new, the lingering
questions
Timothy Vollmer, Creative Commons
LAPSI Final meeting, Torino, 10 July 2012

2. CC tools for PSI
● Licensing = Australia, New Zealand, Italy,
Greece, Spain, 30+ more
● CC0 = Piemonte Regional Government,
Netherlands
● Cultural institutions = Europeana (PDM),
British Library

3. CC 3.0
● some PSI publishers say can't use CC
● sui generis database rights
● license proliferation: ODC-BY, ODbL, OGL,
France, Italy, EC, more?
● Question: Can CC 4.0 fix?

4. CC license versioning
1.0 = 2001
2.0 = 2005
2.5 = 2005
3.0 = 2007
4.0 = 2012

5. 4.0 timeline
● Sept 2011 = 4.0 kickoff Warsaw
● Dec 2011 - Feb 2012 = requirements
● Apr = 4.0d1
● Apr - June = public comment 1
● July = 4.0d2
● July - Aug = public comment 2
● Sept = 4.0d3
● Sept - Oct = public comment 3 (porting)
● by Dec 2012 = 4.0 final
● http://wiki.creativecommons.org/4.0

6. 4.0 goals
● internationalization
● interoperability
● long-lasting
● data/PSI/science/education
● supporting existing adoption models and
frameworks

7. 4.0 for PSI
● What's staying the same?
● What's changing?
● What are the remaining questions?

8. What's staying the same?
general operation of the license
● CC licenses only operable where copyright and related
rights exists
● terms and conditions not triggered for use covered by
exceptions and limitations
● 4.0d2 working language
○ "All other uses...are in no way restricted by its terms
and conditions...include uses permitted by limitation
or exception to copyright...or where work or
elements are in the public domain."

9. What's staying the same?
no endorsement
● 4.0d2 working language:
○ "nothing in this Public License shall
constitute or be considered a grant of
permission to assert, imply or otherwise
represent that You are, or that any use by
You of the Work or Adaptation is,
connected with, or sponsored, endorsed
or granted official status by Licensor"

10. What's staying the same?
moral rights
● untouched by CC licenses
● moral rights reserved, except where
necessary for licensee to exercise the
licensed rights
● where that is case, waive or agree to not
assert

11. What's staying the same?
marking changes to adaptations
● 4.0d2 working language:
○ "If You Share an Adaptation, You must
indicate clearly that the Work has been
adapted...You may satisfy the
requirements in any reasonable manner
based on the medium or means used."

12. What's staying the same?
technical protection measures
● 4.0d2 working language:
○ "You may not impose any effective
technological measures on the Work that
restrict the ability of a recipient of the work
from You to exercise the rights granted
that recipient under the terms of the
License."

13. What's staying the same?
noncommercial
● 4.0d2 working language
○ "not primarily intended for or directed
towards commercial advantage or private
monetary compensation"

14. What's changing?
sui generis database rights
● 3.0 = no mention, so effect is that compliance with
license conditions is not required where SGDR - but not
copyright - are implicated
● 4.0d2 working language:
○ "Licensor hereby grants You a license to reproduce,
distribute, perform, display, communicate and use...
but only to the extent Licensor may grant such
permission and the use is otherwise restricted by
copyright or copyright-like rights (such as
performance, broadcast, phonogram and database
rights)"

15. What's changing?
add preamble
● 4.0d2 working language:
○ "This Public License does not affect third party rights
in the Licensed Work. Additionally, You are
responsible for complying with other laws that may
apply to use of the Licensed Work by You. Such
laws may include laws governing patents,
trademarks, privacy, personality and publicity rights,
data protection laws, and laws protecting against
fraud, misrepresentation and similar, all of which are
outside the scope of this Public License."

16. What's changing?
attribution
● 3.0 language:
○ name of author
○ name of parties designated by licensor
○ title of work
○ copyright notice
○ URI to work
○ URI to license
○ notices, disclaimers, warranties

17. What's changing?
attribution (continued)
● what if we strip it down?
○ author
○ URI to work
○ URI to license
● URI shortcuts?
● all attribution requirements subject to
reasonableness language

18. What's changing?
privileges and immunities
● 3.0 = no language
● 4.0d2 working language:
○ "Nothing in this Public License constitutes
or may be interpreted as a limitation upon
or waiver of any privileges and immunities
from the legal process or any jurisdiction
or authority that may apply to Licensor or
You."

19. What are the remaining questions?
share-alike trigger
● 3.0 = collections containing SA works don't
have to be SA
● 4.0 question = collections with SA works will
be SA (without infecting other works)
● alignment with GPL?
● expand, never contract, SA

20. What are the remaining questions?
attribution RE: text mining
● issues:
○ ambiguous legal issue
○ want to avoid attribution stacking
● address with increased flexibility in 4.0
attribution
○ URI shortcuts?
○ all attribution requirements subject to
reasonableness language

21. What are the remaining questions?
allowing licensor to add terms
● consumer laws that require specific forms of
disclaimers of warranties and liabilities
● allow licensors to add more specificity
around disclaimers?
● another case: alternative dispute resolution
for IGOs
● problems = custom CC licenses, values
unaligned with CC, etc.
● what do you think?

22. What are the remaining questions?
cure breach/provisional reinstatement
● some violations unintentional
● in GPL, if you violate the license but later fix
it, you get your rights back under the license
● CC licenses don't allow for this
● logical fix

23. What are the remaining questions?
porting
● public discussion coming up
● now 70 jurisdiction ports
● complex, long time/lag, high cost, variance in
expertise of affiliates
● litigation has relied on unported
● GPL not ported to jurisdictions
● important community building and adoption
vehicle?

24. Thank you
Questions?
Timothy Vollmer
tvol@creativecommons.org
Twitter = tvol
This work is dedicated to the public domain.
https://creativecommons.org/publicdomain/zero/1.0/.
Attribution is optional, but if desired, please attribute to Creative Commons.