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Creative Commons Licence Agreement

As described at the beginning, a rights holder retains their copyright when using an open-content license. They only give others permission to use the work under certain conditions. On the other hand, public service works are not at all (or no longer) subject to copyright protection and can be fully exploited. So there is no longer a need for permission – no license. To label works in the public domain, CC offers two tools: the CC0 (No Rights Reserved) declaration which dedicates its own works to public freedom and the public domain procurement for the identification of works that are not protected, for example. B because the term of protection has expired or because they were not protected. At first glance, it may seem advantageous, for example, for a French rights holder to use the French Ported CC license for his works. First of all, a bachelor`s degree in the native language is easier to understand linguistically. [21] In addition, it is easier to estimate the legal impact if the licence is based on its own national law. In addition, the French license will contain a legal choice clause according to which the license agreement and all other possible difficulties will be governed by French law. [22] This rule simplifies the legal relationship between multinational licensees and the licensor, as it designates a particular jurisdiction as an applicable law.

In the absence of a choice clause, the identification of the applicable law could be very complex, as it can vary depending on the nationality of the licensee or his domicile. [23] In some cases, although much less often than most people would expect, it may be reasonable, if not necessary, to protect the integrity of the work with an ND license. This is the case, for example, with “certified information” necessary for regulation, which can or should be changed by someone other than the certification institution. These include . B technical and other standards, including legal standards. ND licenses can also be used to support certain business models. For example, someone might publish a generic version of textual information that needs to be adapted to be useful or applicable in some cases. By using an ND license, the publishing house reserves some sort of exclusivity for the adaptation, while under a license that automatically allows the publication of adaptations, others could (and would be) encouraged to release those custom versions for free….

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