Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Italy

minor Rubric 1 dct:source applied

The record carried cc:legalcode but no dct:source. The legal-code page states the canonical URL of the licence, https://creativecommons.org/licenses/by-nc-nd/3.0/it/, and the six 4.0 International parents carry exactly that pair, legal code plus deed. Added.

minor Rubric 1 spdx:licenseId none

SPDX has no identifier for this port. The legal-code URL implies CC-BY-NC-ND-3.0-IT, which the SPDX licence list does not define, so no spdx:licenseId was invented. Of the forty two records of this review group only the Attribution 3.0 Netherlands record can take one.

minor Rubric 2 odrl:target applied

The record targeted dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-ND-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. This port licenses database rights in terms. The definition of Opera in article 1 is explicit: "l'opera dell'ingegno o, comunque, qualsiasi bene o prestazione suscettibile di protezione in forza delle leggi sul diritto d'autore (diritto d'autore, diritti connessi, diritto sui generis sulle banche dati, ecc.)". Article 3 adds that where the licensed Opera includes databases over which the licensor holds a sui generis right under the national law implementing Directive 96/9/CE, the licensor waives it, and article 4(e) carves the restrictions out of the parts that qualify only under that right. Since the text is explicit, dcmitype:Dataset was added, which also brings the record into line with its parent.

info Rubric 3 odrl:permission none

Every modelled permission is supported by the grant. Article 3 grants a worldwide, free of charge, non-exclusive and perpetual licence (for the duration of the applicable copyright) covering reproduction, inclusion in Collezioni di Opere, distribution of copies and phonograms, lending, communication to the public, performance, recitation and public display including digital audio transmission, of the Opera; the creation of Opere Derivate stays reserved to the licensor. The record models that as odrl:reproduce, odrl:distribute, odrl:display and odrl:present. The rights may be exercised in all media and formats now known or later devised.

minor Rubric 3 odrl:permission proposed

The record permits dalicc:chargeDistributionFee while prohibiting cc:CommercialUse. The vocabulary defines dalicc:chargeDistributionFee as a fee covering the act of providing the work to a third party, so a pure cost recovery fee is arguable under the commercial advantage test of this port, but the statement sits uneasily next to the prohibition. The same statement is in the 4.0 International parent CC-BY-NC-ND-4.0 and in every NonCommercial record of the library, so removing it is one library wide decision about the NonCommercial family.

info Rubric 4 odrl:prohibition none

dalicc:ChangeLicense is prohibited, which the licence supports: the licensee may offer the work only under the terms of this licence and may not offer or impose terms that alter or restrict it or the recipient ability to exercise the rights granted. dalicc:promote is prohibited, which rests on the reservation of all rights not expressly granted and on the endorsement bar in the attribution clause rather than on a trademark clause of the licence body. cc:CommercialUse is prohibited, which is the NonCommercial element of this set and is stated in the restrictions section. odrl:derive is prohibited, which is the NoDerivatives element of this set.

info Rubric 5 odrl:duty none

The attribution and notice duties are present and supported: the licence requires a copy of, or the URI for, the licence with every copy distributed or communicated to the public, that all notices referring to the licence and to the disclaimer be kept intact, and that credit be given. The attribution clause owes credit to the Autore Originario and to the Parti Designate, and names the parties Licenziante and Tu. The Italian text adds the lending right and the digital audio transmission to the acts that trigger the duty, which the model folds into odrl:distribute and odrl:present. The duties hang on odrl:distribute, which matches the licence, since they are triggered by making the work public rather than by private use.

minor Rubric 6 dalicc:WarrantyDisclaimer applied

dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted from the Italian text of this port and not from the English unported version, and each field holds its own clause rather than a copy of the other. Article 5, Dichiarazioni, Garanzie ed Esonero da responsabilita, is the warranty disclaimer and article 6, Limitazione di Responsabilita, the limitation, both in capitals. The Italian limitation ends with a sentence the unported text does not have: "NESSUNA CLAUSOLA DI QUESTA LICENZA ESCLUDE O LIMITA LA RESPONSABILITA NEL CASO IN CUI QUESTA DIPENDA DA DOLO O COLPA GRAVE." Each field holds its own article. One transcription defect was corrected: the disclaimer field read "COSI COME" where the legal code reads "COSI COM'E", a dropped apostrophe inside the quoted text. All six Italian records carried it.

info Rubric 6 dalicc:additionalClauses none

The record has no dalicc:additionalClauses, so the clauses the ODRL policy cannot carry, the reservation of unnamed rights, the downstream offer to every recipient, the severability and entire agreement paragraphs, the termination rule and the royalty collection arrangements, are not visible in the record at all. The whole Creative Commons family is modelled this way.

info Rubric 7 cc:jurisdiction none

cc:jurisdiction is bpicounty:Italy, which matches the country of the legal-code URL https://creativecommons.org/licenses/by-nc-nd/3.0/it/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant made for the duration of the applicable rights. Article 8 closes: "La presente licenza e stata redatta sulla base della legge italiana, in particolare del Codice Civile del 1942 e della legge 22 Aprile 1941, n. 633 e successive modificazioni sulla protezione del diritto d'autore e di altri diritti connessi al suo esercizio." That is a statement about the drafting basis rather than a choice-of-law clause, and it is the closest any port of this review group other than Armenia comes to one. Note that the jurisdiction field records the legal home of the port, not a territorial limit on the grant: the grant itself runs worldwide.

gap Rubric 8 odrl:prohibition none

The licence forbids technological protection measures and the vocabulary has no term for it: article 4(a): when distributing or communicating the Opera to the public the licensee "non puoi utilizzare alcuna misura tecnologica tale da limitare la capacita di chiunque riceva l'Opera da Te di esercitare gli stessi diritti concessi a Te con la presente licenza". Proposed term: dalicc:applyTechnicalProtectionMeasures, an odrl:Action to be used as an odrl:Prohibition. Not modelled, because bending an existing term would be worse than the gap.

gap Rubric 8 record none

The automatic termination of the licence on breach, and the survival of the definitions, the disclaimer, the limitation of liability and the miscellaneous sections, have no vocabulary term. Proposed term: dalicc:terminationOnBreach. The offer of a direct licence from the licensor to every recipient of the work has none either. Proposed term: dalicc:downstreamOffer.

gap Rubric 8 record none

Moral rights are not expressible with the present vocabulary. Article 3 closes: "Tutti i diritti morali irrinunciabili riconosciuti dalla legge applicabile rimangono riservati." The inalienable moral rights of Italian law are reserved against the licensee. Proposed terms: dalicc:moralRightsRestriction for a clause that binds the licensee and dalicc:moralRightsNonAssertion for one in which the licensor undertakes not to assert.

gap Rubric 8 record none

The royalty collection arrangements are not expressible either. Articles 4(f) and 4(g) are the longest collecting-society clauses in the review group and the only ones that name the societies. For musical works the licensor reserves the exclusive right to collect, personally or through a collecting society such as SIAE, the fees for communication to the public and for performance, and the fees for cover versions; for sound recordings the same reservation runs through a society such as IMAIE; and a fourth paragraph reserves the other fees Italian copyright law assigns to the author, naming article 70 of law 633/1941 for school anthologies and the non-waivable equitable remuneration of article 18-bis. In the NonCommercial sets the reservation bites for uses primarily directed at commercial advantage; in the others it is drawn correspondingly. Proposed term: dalicc:royaltyCollectionReserved, with a companion for the waived case. The clause differs between the element sets of one and the same port, which is exactly what the model cannot show.

gap Rubric 8 record none

The sui generis database right is handled by the text in a way the model cannot carry: the licensor waives its own database right and the restrictions of the licence do not apply to the parts of the work that qualify only under that right. dcmitype:Dataset in odrl:target says that a dataset may be licensed, not that the database right is waived and not that the attribution and share-alike conditions fall away for the database layer. Proposed terms: dalicc:databaseRightWaiver and a marker for the carve-out.

info Rubric 9 record none

The consistency check with the forty one axioms of licensedata/dependencygraph/dg_default.ttl reports no conflict, before and after the corrections, and the pre-review baseline listed none for this record either.

info Rubric 10 record none

Port of Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International. The deontic model of this record is identical to the parent CC-BY-NC-ND-4.0, statement for statement: the same permissions with the same duties, the same prohibitions and the same set level duties. What differs is the jurisdiction, the language of the legal text, the clause texts quoted from it, and the version specific clauses of 3.0 that the model does not carry, chiefly the express prohibition of sublicensing, the technological measures clause, the moral rights clause and the royalty collection arrangements. After the correction the odrl:target of this record also matches the parent. The compatibility checker cannot tell this record from the other records of the BY-NC-ND element set, across all three versions and every jurisdiction the library holds.

major Rubric 3 odrl:permission applied

The record said nothing about the sui generis database right although the port's own text settles it, which the rubric 2 finding of this review read off the legal code: the definition of Opera in article 1 is explicit, "l'opera dell'ingegno o, comunque, qualsiasi bene o prestazione suscettibile di protezione in forza delle leggi sul diritto d'autore (diritto d'autore, diritti connessi, diritto sui generis sulle banche dati, ecc.)", and article 3 waives the sui generis right the licensor holds over a licensed database under the law implementing Directive 96/9/CE, and article 4(e) carves the restrictions out of the parts that qualify only under that right. Exercising that right is therefore permitted by this licence and dalicc:suiGenerisDatabaseRights is now a permission of the record. It carries no duty, which is where the 3.0 ports part company with the 4.0 text their parent CC-BY-NC-ND-4.0 models: Section 4(c) of 4.0 carries the conditions of Section 3(a) over to the database layer, while this port takes its own restrictions off the material that qualifies only under the database right. Under the proposed default rule eu-sui-generis-db of licensedata/dependencygraph/dg_eu.ttl the database right is not granted unless the licence grants it, so a record that is silent reads as a licence that keeps the right back, which this text contradicts.

major Rubric 7 dalicc:terminatesOnBreach applied

The termination clause of this port reads: "La presente Licenza si intenderà risolta di diritto e i diritti con essa concessi cesseranno automaticamente, senza necessità di alcuna comunicazione in tal senso da parte del Licenziante, in caso di qualsivoglia inadempimento dei termini della presente Licenza da parte Tua, ed in particolare delle disposizioni di cui ai punti 4." The licence ends automatically on a breach and this version of the text has no reinstatement clause, so dalicc:terminatesOnBreach is true and no dalicc:curePeriod is written, as on the unported record of the same version.

settled odrl:permission

The record permits odrl:modify and dalicc:ModifiedWorks although this is a NoDerivatives licence: article 3: "Tale diritto non riguarda la creazione di Opere Derivate, che rimane assolutamente ed esclusivamente riservata in capo al Licenziante.". The record does prohibit odrl:derive, so the two statements contradict each other in substance, and a licensee reading the record would be told that modified works may be distributed. The 4.0 International parent CC-BY-NC-ND-4.0 carries the same pair, and so does every NoDerivatives record in the library, so removing the two permissions is one library wide decision about the NoDerivatives family and not a defect of this port. Not applied for that reason.

settled odrl:prohibition

The licence forbids sublicensing and the record does not say so: article 4(a): "Non puoi concedere l'Opera in sublicenza.". The vocabulary already has dalicc:sublicense, but no record in the library uses it and its skos:note says so, and the same sentence stands in every Creative Commons 2.0 and 3.0 record, so adding it to this review group alone would split the compatibility behaviour of one family. Proposed as one library wide correction, together with an update of the vocabulary note. Not applied for that reason.