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Message from mackintosh.wayne@gmail.com

Cable,

In my view the attribution provisions of Version 3.0 of the license are more than adequate to address the use case scenarios relating to adaptations. Increasing the transaction costs of reuse is not well aligned with the spirit and intent of the open education movement in my view.  

Generating unnecessary burdens with Version 4.0 of the license could result in lower adoption of the new version with more users opting to use Version 3.0 of the license adding a layer of complexity we could do without. 

Wayne
 

Comments

Greetings Open Colleagues:

Creative Commons is now in the final stages of drafting version 4.0 of the CC
license suite, and has just released the third and final discussion
draft, which you can read and learn more about here:
https://creativecommons.org/weblog/entry/36713

There are two open issues that we would really appreciate your input
on: one dealing with attribution, and the other dealing with licensing
of adaptations of BY and BY-NC works. We've been looking for feedback
from all of the different communities using CC in order to make sure
everyone's needs and uses are taken into consideration. Because of
your experience using CC in OER, we think your perspective will be
really valuable and hope you can take the time to comment on how these
parts of the license will affect your work and the communities you
work with. For some background, here are summaries of the prompts
we've sent to the license discussion list, along with links to more
detail.

(1) Attribution:

A new thing in 4.0 is a requirement for licensees to note whether the
licensed material has been modified at all, whether or not those
modifications create adapted material. If it has, a reuser must
include a link to an unmodified copy of the work; this is now the only
time a reuser must include a link as part of attribution, though we
think best practices for many types of use would be to include a URI
even where not strictly required.

This is intended to apply where it would be important for a user of
the work to know the work was modified, and not for trivial changes.
As with the other attribution requirements, this marking is only
required to be "reasonable to the means, medium, and context".

We'd like to hear your feedback on how this works for your community
of license users. In particular, (1) does this meet the needs of
reusers who may want to know that the material they are receiving is
not what the original Licensor released? (2) Does this meet the needs
of licensors who are worried that users of a work will mistakenly
attribute modified versions to them?

For those interested, we have some more detailed explanation in the
posts to our license development list:
http://lists.ibiblio.org/pipermail/cc-licenses/2013-February/007333.html
http://lists.ibiblio.org/pipermail/cc-licenses/2013-February/007338.html

(2) Licensing of adaptations:

In the current draft, we've clarified the terms for licensing of
adaptations of material under BY and BY-NC licenses. Adapted material
must be released under any terms that allow users of the adaptation to
simultaneously comply with those terms and the original license.

This intentionally leaves a lot of flexibility for licensees: we are
aware that this flexibility could complicate reuse for downstream
users, and our recommendations for best practices will reflect that.
However, it will always be required that users of material under a CC
license must respect the terms of that license, whether the material
is used by itself or in an adaptation. (In other words, when you build
on a CC-BY or BY-NC work and use a different license for your own
contributions, two licenses apply: the CC license, and whichever
license you chose.)

This means that a wide variety of licenses are "compatible" with BY
and BY-NC, and you may even release the adapted material you
contribute yourself into the public domain. To maximize the likelihood
that reusers will understand what they must do, however, we will
recommend that authors of adaptations license their contributions
under a license that contains the same elements as the CC license they
are bulding upon.

(Note that this is different in the Share-Alike licenses, BY-SA and
BY-NC-SA, where you may only release adaptations of SA works under the
same SA license!)

For a more detailed explanation of license compatibility, you may wish
to see the wiki page and the mailing list post:
http://wiki.creativecommons.org/4.0/Treatment_of_adaptations
http://lists.ibiblio.org/pipermail/cc-licenses/2013-February/007346.html

Kat Walsh, Counsel, Creative Commons is on point for receiving and processing this feedback, so please be sure to Cc: her (and me) on your comments / suggestions:  kat@creativecommons.org

My sincere thanks,

Cable


Cable Green
Director of Global Learning
Creative Commons



--


Cable Green, PhD
Director of Global Learning

********** Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

Message from mackintosh.wayne@gmail.com

Cable,

In my view the attribution provisions of Version 3.0 of the license are more than adequate to address the use case scenarios relating to adaptations. Increasing the transaction costs of reuse is not well aligned with the spirit and intent of the open education movement in my view.  

Generating unnecessary burdens with Version 4.0 of the license could result in lower adoption of the new version with more users opting to use Version 3.0 of the license adding a layer of complexity we could do without. 

Wayne
 

Message from david.wiley@gmail.com

The new language says "indicate if You have modified the Licensed Material and if so supply a URI or hyperlink to the Licensed Material in unmodified form if reasonably practicable". The 'reasonably practicable' language should take care of several of the concerns expressed earlier in the thread. I personally find this requirement to be no burden whatsoever. When you do attribution on things you've modified you just use a statement like "This CC BY licensed material was adapted from materials created by Author and originally published at http://someOERsite.org/anotherOER/." Where's the burden? Why would you want to supply less information? Maybe I'm missing something. David
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