Legal code: scope of licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (”CCPL” OR “LICENSE”). THE WORK IS PROTECTED BY COPYRIGHT, PERFOMERS PROTECTIONAND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
In South Africa performances are protected by separate legislation, the Performers’ Protection Act 11 of 1967. This Act was amended by the Performers’ Protection Amendment Act, 2002 largely to harmonise it with World Trade Organisation commitments.
The Performers Protection Act does not refer to ‘works’ or’ copies’ but to ‘fixations’. Since it creates a separate category of rights it is suggested that it should be specifically referred to it in the licence. Although it could be argued that the phrase “other applicable law” includes Performers Protection might be too narrowly construed.
[...] ensee should incorporate the licence in the copy or derivative work. So as we discussed on 9 February the draft licence provides THE WORK (AS DEFINED B [...]
Pingback by Creative Commons South Africa » Evidence of agreement — @ 5:12 pm