[Clipart] Here's a MAJOR Problem With CC0
oneminuteinspirations at gmail.com
Thu Mar 12 09:52:22 PDT 2009
I hadn't re-read the PD dedication in a while, so I decided to look that
over. While CC0 is much more simply worded, CC-PD has a VERY important
element in it that CC0 1.0 lacks: the distinction between a dedicator
and a certifier.
A certifier says that not only do they give up any rights they may have
in the work, but the certifier: "has taken reasonable steps to verify
the copyright status of this work. Certifier recognizes that his good
faith efforts may not shield him from liability if in fact the work
certified is not in the public domain."
This language is totally missing from CC0. The submitter provides no
such assurance and merely gives up their own rights in the work.
I think the CCO license's lack of certification regarding adapted works
(such as all the works Johnny Automatic has scanned from old books) and
sole concentration on the surrendering of rights makes it absolutely
useless for OCAL.
Lord knows if the certifier language provides any protection in court to
OCAL users who make public and/or commercial use of certified images
that someone ends up claiming are copyrighted. And if things keep going
the way they've been going with the guy threatening to sue me (and other
clip art site owners), that clause may end up getting some judicial review.
But my legal problems aren't at issue. What is at issue is if that
language provides *any* amount of protection for the end user against
claims of infringement, then stripping it out also strips out the
protection and makes every image in the OCAL that isn't a 100% original
work, pretty much worthless.
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