Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Portugal

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/pt/, and the six 4.0 International parents carry exactly that pair (legal code plus deed). Added.

info Rubric 1 spdx:licenseId none

SPDX has no identifier for this port. The legal code URL implies CC-BY-NC-ND-3.0-PT, which the SPDX licence list does not define, so no identifier was invented. None of the forty two records in this review group has an SPDX identifier.

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 settles database rights expressly: the last sentence of Section 3 waives the sui generis right, so that where the Licensor holds the exclusive rights of Chapter III of Decreto-Lei 122/2000, which implements Directive 96/9/EC in Portuguese law, the Licensor "declara expressamente renunciar a esses direitos", and Section 4(e) adds that the restrictions do not apply to the parts of the Work protected only by that database maker's right. Beyond that, the definition of "Trabalho" in Section 1 names "uma base de dados que, pela seleção ou disposição do respetivo conteúdo, constitua uma criação intelectual" and "um programa de computador" among the licensed subject matter. Because the legal text names databases as licensed subject matter and disposes of the database maker's right in the grant itself, dcmitype:Dataset was added here rather than left as a proposal. The ports in this review group whose text has no database clause at all keep the proposal.

info Rubric 3 odrl:permission none

The modelled permissions follow the grant. Section 3 grants "uma licença de âmbito mundial, gratuita, não exclusiva, pelo período de duração do direito de autor ou direito conexo aplicável" (a worldwide, free of charge, non-exclusive licence for the duration of the applicable copyright or neighbouring right), covering reproduction, incorporation into Collections, transformation into Derivative Works with a duty to label the change, and distribution and communication to the public of the Work and of Derivative Works, in all media and formats now known or later devised. The record models this as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:modify and dalicc:ModifiedWorks.

minor Rubric 3 odrl:permission proposed

The record permits odrl:modify and dalicc:ModifiedWorks while prohibiting odrl:derive, and hangs a dalicc:modificationNotice duty on a permission the licence does not grant. In this port the NoDerivatives port simply omits the transformation grant of Section 3 and relies on the reservation of all rights not expressly granted. The vocabulary defines dalicc:ModifiedWorks as distributing a modified version of the work and making it available to the public, which this element set forbids; only the technically necessary format changes survive. The 4.0 International parent CC-BY-NC-ND-4.0 is modelled the same way and its own review record carries the same finding, so the correction belongs to one sweep over all ninety seven NoDerivatives records of the library rather than to fourteen ports.

info Rubric 4 odrl:prohibition none

dalicc:ChangeLicense is prohibited, which the licence supports: the work may be shared only under the terms of this licence and the licensee may not offer or impose terms that alter or restrict it. dalicc:promote is prohibited, which the 3.0 text supports better than the 2.0 text did, because the no endorsement rule sits in the licence body rather than in the Creative Commons notice around it. Section 4(d): the licensee "não poderá implícita ou explicitamente afirmar ou sugerir qualquer vínculo, patrocínio ou apoio" of the Original Rights Holder, the Licensor or the Attribution Parties.

info Rubric 4 odrl:prohibition none

cc:CommercialUse is prohibited, as the NonCommercial element requires. Section 4(c): no exercise of the rights "que tenha como objetivo principal ou que seja direcionado para a obtenção de uma vantagem comercial ou compensação monetária", with the file sharing exception.

minor Rubric 3 odrl:permission proposed

The record permits dalicc:chargeDistributionFee while prohibiting cc:CommercialUse. The vocabulary defines the term narrowly as a fee covering the act of providing the work, which is arguable under the commercial advantage test of this port, but the statement also sits in the 4.0 International parent and in all one hundred and forty five NonCommercial records of the library, so it is one decision about the whole NonCommercial family rather than about this record.

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 shared, that the notices referring to the licence and to the warranty clause be kept intact, and that credit be given to the author and to any attribution parties. dalicc:modificationNotice is supported by the duty to take reasonable steps to label a change. The duties hang on odrl:distribute and odrl:modify, which matches the licence, since they are triggered by distributing or communicating the work to the public rather than by private use. In this port the parties are "Licenciante" and "Utilizador", credit is owed to the "Titular Originário", and the grant covers neighbouring rights: performances, phonograms, videograms, films and broadcasts.

info Rubric 6 dalicc:WarrantyDisclaimer none

dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted verbatim from the Portuguese text of this port and not from the English unported version. They are Section 5 (Declaracoes, Garantias e Exoneracao) and Section 6 (Limitacao de Responsabilidade), each in its own field, checked sentence by sentence against the legal code.

info Rubric 6 dalicc:additionalClauses none

The clauses the ODRL policy cannot carry are not visible in the record: the reservation of unnamed rights, the direct licence that every recipient receives from the licensor, the automatic termination on breach with the survival list, the severability, waiver and entire agreement paragraphs, and the royalty collection arrangements. The whole Creative Commons family is modelled this way.

info Rubric 7 cc:jurisdiction none

cc:jurisdiction is bpicounty:Portugal, which matches the country of the legal code URL https://creativecommons.org/licenses/by-nc-nd/3.0/pt/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant for the duration of the applicable copyright. The port names no governing law. Section 8 ends with severability, waiver and entire agreement and leaves the applicable law to the conflict rules. Note that the jurisdiction field records the legal home of the port, not a territorial limit: the grant itself is worldwide.

gap Rubric 8 odrl:prohibition none

The licence forbids technological protection measures and the vocabulary has no term for it. Section 4(a): the Work may not be distributed or communicated to the public "com qualquer medida tecnológica que restrinja a possibilidade do destinatário exercer os direitos". 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, with the survival of the definitions, the warranty and liability clauses and the miscellaneous provisions, has no vocabulary term. Proposed term: dalicc:terminationOnBreach. The direct licence that the licensor offers to every recipient of the work has none either. Proposed term: dalicc:downstreamOffer.

gap Rubric 8 record none

Moral rights have no vocabulary term. Section 4 closes with "Nada nesta Licença poderá afetar quaisquer dos direitos morais assegurados ao Autor ou ao Artista pela Legislação Aplicável", naming the right to object to mutilation or deformation, and Section 7(c) preserves the author's right of withdrawal (direito moral de retirada de circulacao). Proposed terms: dalicc:moralRightsRestriction for a clause that binds the licensee and dalicc:moralRightsNonAssertion for one in which the licensor undertakes not to assert them.

gap Rubric 8 record none

The royalty collection arrangement has no vocabulary term. Sections 4(f) and 4(g) split royalty collection three ways: reserved where mandatory collective representation cannot be waived, reserved for commercial use and waived otherwise where it can, and, for voluntary representation, reserved for commercial use through a collecting society, naming SPA, GDA and AUDIOGEST. Proposed term: dalicc:royaltyCollectionReserved, with a counterpart for the waiver. Not expressible today, and it is one of the few places where the ports of one version really differ from each other.

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 CC-BY-NC-ND-4.0, the 4.0 International record of the same element set. The deontic model of this record is identical to the parent, statement for statement: the same permissions with the same duties, the same prohibitions, the same set level duties, the same asset types too, now that the database clause of this port has brought dcmitype:Dataset into odrl:target. What differs is the jurisdiction, the language of the legal text, the clause texts 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 royalty collection arrangement and the moral rights clause. 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 last sentence of Section 3 waives the sui generis right of Chapter III of Decreto-Lei 122/2000, which implements Directive 96/9/EC in Portuguese law, where the Licensor "declara expressamente renunciar a esses direitos", and the definition of Trabalho in Section 1 names "uma base de dados que, pela seleção ou disposição do respetivo conteúdo, constitua uma criação intelectual" among the licensed subject matter, and Section 4(e) adds that the restrictions do not apply to the parts of the Work protected only by that database maker's 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: "A presente Licença e os direitos concedidos pela mesma cessarão automaticamente em caso de qualquer violação dos termos desta Licença pelo Utilizador." 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:prohibition

The licence forbids sublicensing and the record does not say so. Section 4(a): "O Utilizador não pode sub-licenciar o Trabalho." 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 the forty two ports of 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.