Comments on: OCLN | Open content legal news – 1 Feb 2008 http://www.opencontentlawyer.com/2008/02/ocln-open-content-legal-news-1-feb-2008/ copyright, content, and you Fri, 28 May 2010 08:21:32 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jordan http://www.opencontentlawyer.com/2008/02/ocln-open-content-legal-news-1-feb-2008/#comment-147 Jordan Mon, 04 Feb 2008 18:45:04 +0000 http://www.opencontentlawyer.com/2008/02/01/ocln-open-content-legal-news-1-feb-2008/#comment-147 Thanks for pointing out an issue that is worthy of its own post "Swashbuckler". When the CC licences say that they are irrevocable, this doesn't mean that they are exempt from other law that may negate this "irrevocability". This is one of the many areas that mean that using a CC licence does not negate the need for good IP management practices. The termination you mentioned however, it is worth pointing out, happens some time after the original grant: "17 USC 203 (3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier." This means that those that downloaded the work under the CC-BY grant originally still have those rights for the work. Thanks again. Thanks for pointing out an issue that is worthy of its own post “Swashbuckler”. When the CC licences say that they are irrevocable, this doesn’t mean that they are exempt from other law that may negate this “irrevocability”. This is one of the many areas that mean that using a CC licence does not negate the need for good IP management practices.

The termination you mentioned however, it is worth pointing out, happens some time after the original grant:

“17 USC 203 (3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.”

This means that those that downloaded the work under the CC-BY grant originally still have those rights for the work. Thanks again.

]]> By: Swashbuckler http://www.opencontentlawyer.com/2008/02/ocln-open-content-legal-news-1-feb-2008/#comment-146 Swashbuckler Fri, 01 Feb 2008 18:05:43 +0000 http://www.opencontentlawyer.com/2008/02/01/ocln-open-content-legal-news-1-feb-2008/#comment-146 "Because CC licences are irrevocable" Err... They are in the U.S. (though the practical application of revocation is questionable). In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions: ... Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant. http://www.copyright.gov/title17/92chap2.html#203 “Because CC licences are irrevocable”

Err… They are in the U.S. (though the practical application of revocation is questionable).

In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

…

Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

http://www.copyright.gov/title17/92chap2.html#203

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