{"id":"CreativeCommonsAttributionNoderivs20Italy","title":"Creative Commons Attribution-NoDerivatives 2.0 Italy","reviewed_on":"2026-09-15","reviewer":"Giray Havur","text_source":"https://creativecommons.org/licenses/by-nd/2.0/it/legalcode","text_retrieved":true,"verdict":"corrected","summary":"The record models the Attribution-NoDerivatives element set of the Creative Commons 2.0 port for Italy, read in Italian from the legal code. The permissions, prohibitions and duties all follow from the grant in Section 3 and the restrictions in Section 4, and the clause texts are quoted from this port rather than from the unported version. Applied: dct:source. The remaining findings are library-wide rather than defects of this record: the sublicensing prohibition, the no-additional-terms prohibition, the asset types, and, for the version, the clauses that 2.0 settles per jurisdiction.","findings":[{"rubric":1,"severity":"minor","field":"dct:source","description":"The record carried cc:legalcode but no dct:source, so it had a single provenance link where the 4.0 International parents carry two. The canonical URL of the port, https://creativecommons.org/licenses/by-nd/2.0/it/, was added, which is the pair, legal code plus deed, that the parents use and that the other 2.0 port group applied as well.","action":"applied","change":"dct:source <https://creativecommons.org/licenses/by-nd/2.0/it/> ;"},{"rubric":1,"severity":"info","field":"spdx:licenseId","description":"SPDX has no identifier for this port. The legal-code URL implies CC-BY-ND-2.0-IT, which the SPDX licence list does not define, so none was invented.","action":"none"},{"rubric":2,"severity":"minor","field":"odrl:target","description":"The asset collection is dalicc:CreativeWork alone, while the 4.0 International parent carries dalicc:CreativeWork and dcmitype:Dataset. The port grants the rights in all media and formats, and a database is a protected work under the copyright law of the porting jurisdiction, so the legal text supports the wider collection. The association's review decided that asset types follow the legal text; the change is proposed rather than applied because it has to be made in all 287 Creative Commons ports at once, not in the seventeen of this review group.","action":"proposed","change":"odrl:target [ a odrl:AssetCollection ;\n        dct:type dalicc:CreativeWork,\n            dcmitype:Dataset ] ;"},{"rubric":3,"severity":"info","field":"odrl:permission","description":"Every modelled permission follows from the grant in Section 3, which gives a worldwide, royalty-free, non-exclusive and perpetual licence, for the duration of the applicable copyright, to reproduce the work, to incorporate it into collections, to distribute, to display and to perform it publicly, and expressly not to create derivative works.","action":"none"},{"rubric":3,"severity":"major","field":"odrl:permission","description":"The record permits odrl:modify and dalicc:ModifiedWorks while prohibiting odrl:derive and cc:DerivativeWorks. The text grants neither: Section 3 allows only the modifications that are technically necessary to exercise the rights in another medium and then says that apart from that the licensee has no right to make derivative works. dalicc:ModifiedWorks is defined in the vocabulary as distributing a modified version and making it available to the public, which this licence does not allow. Proposed rather than applied, because all 97 NoDerivatives records of the library are modelled this way and the change belongs in one sweep.","action":"proposed","change":"remove:\n    odrl:permission [ a odrl:Permission ;\n            odrl:action dalicc:ModifiedWorks ]\nadd:\n    odrl:prohibition [ a odrl:Prohibition ;\n            odrl:action dalicc:ModifiedWorks ] ;"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"The licence forbids sublicensing and the record does not say so. Section 4(a) of the port: \"Non puoi concedere l'Opera in sublicenza.\" The vocabulary has dalicc:sublicense, defined and used by no record. The association's review decided provisionally that the sublicensing prohibition should be modelled on every Creative Commons record, so it is recorded here with the exact triple and applied in one library-wide sweep.","action":"superseded","superseded_by":2,"change":"odrl:prohibition [ a odrl:Prohibition ;\n        odrl:action dalicc:sublicense ] ;"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"Section 4(a) also forbids imposing terms that alter or restrict the licence or the recipient's exercise of the rights granted. dalicc:addLimitation expresses exactly that and the record does not carry it. Proposed, not applied, because the same sentence stands in every Creative Commons record of the library.","action":"proposed","change":"odrl:prohibition [ a odrl:Prohibition ;\n        odrl:action dalicc:addLimitation ] ;"},{"rubric":4,"severity":"info","field":"odrl:prohibition","description":"dalicc:ChangeLicense is prohibited, which rests on the obligation to distribute only under the terms of this licence. dalicc:promote is prohibited, which rests on the reservation of all rights not expressly granted and on the trademark paragraph of the Creative Commons notice rather than on a clause of the licence body.","action":"none"},{"rubric":5,"severity":"info","field":"odrl:duty","description":"cc:Attribution and cc:Notice hang on odrl:distribute, and cc:Attribution, cc:Notice and dalicc:modificationNotice on odrl:modify and odrl:derive, which matches Section 4: a copy of the licence or its URI must travel with every copy, all notices referring to the licence and to the warranty disclaimer must be kept intact, credit must be given to the original author, and a derivative work must carry a credit identifying the use made of the work. No duty is duplicated and none sits at the wrong level.","action":"none"},{"rubric":6,"severity":"info","field":"dalicc:WarrantyDisclaimer","description":"The warranty disclaimer and the liability limitation are quoted in Italian from the Italian legal code, upper case as in the source, and the liability clause keeps the Italian rule that nothing excludes liability for intent or gross negligence. The reservation of unnamed rights, the downstream offer to recipients, the termination rule and the severability and entire-agreement paragraphs are not carried anywhere: no Creative Commons record in the library uses dalicc:additionalClauses.","action":"none"},{"rubric":7,"severity":"info","field":"cc:jurisdiction","description":"cc:jurisdiction is bpicounty:Italy, which matches the country of the legal-code URL, and dalicc:validityType is dalicc:perpetual, which matches the grant for the duration of the applicable copyright. The jurisdiction field records the legal home of the port, not a territorial limit: the grant itself is worldwide.","action":"none"},{"rubric":8,"severity":"gap","field":"odrl:prohibition","description":"The technological measures clause has no vocabulary term. Section 4(a) of the port: \"Non puoi distribuire, comunicare al pubblico, rappresentare, eseguire, recitare o esporre in pubblico l'Opera, neanche in forma digitale, usando misure tecnologiche miranti a controllare l'accesso all'Opera ovvero l'uso dell'Opera, in maniera incompatibile con i termini della presente Licenza.\" Proposed term: dalicc:applyTechnicalProtectionMeasures, an odrl:Action to be used as an odrl:Prohibition.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"Automatic termination on breach and the survival of the disclaimer and the miscellaneous sections have no term, and neither has the automatic offer the licensor makes to every downstream recipient. Proposed terms: dalicc:terminationOnBreach and dalicc:downstreamOffer. The Italian port carries four collecting-society clauses that the International text does not: the licensor waives the right to collect fees for communication to the public and for performance, through SIAE, for cover versions, through SIAE, and for the communication of phonograms, through IMAIE, but keeps the non-waivable statutory remuneration of Italian copyright law, the equo compenso of article 18-bis of law 633/1941. None of this is expressible with the present vocabulary.","action":"none"},{"rubric":8,"severity":"info","field":"record","description":"Italian moral rights under law 633/1941 stay with the author and the port says so; the model has no term for a reserved moral right.","action":"none"},{"rubric":9,"severity":"info","field":"record","description":"The consistency check with the 41 axioms of licensedata/dependencygraph/dg_default.ttl reports no conflict, before and after the correction, and the pre-review baseline listed none either.","action":"none"},{"rubric":10,"severity":"info","field":"record","description":"Port of the Attribution-NoDerivatives element set. Its deontic model is identical, statement for statement, to the 4.0 International record CC-BY-ND-4.0 after that record was corrected in the same review group, apart from the asset collection. What differs in the documents and not in the model is the version: 2.0 prohibits sublicensing expressly, has no cure period for a breach, has no sui generis database rights clause and settles the royalty and collecting-society question per jurisdiction, while 4.0 adds Section 4 on database rights and the 30 day cure period. The three ports of this element set in this review group, Brazil, Croatia and Italy, carry one and the same model, so the compatibility checker cannot tell them apart either.","action":"none"},{"rubric":7,"severity":"major","field":"dalicc:terminatesOnBreach","description":"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.","action":"applied"}],"family":"Creative Commons 2.0 port: Italy (IT)","port_of":"CC-BY-ND-4.0","variant_kind":"jurisdiction-port","notes":"The parent named in port_of is the 4.0 International record of the same element set, because the library holds no unported or generic 2.0 record; the version difference, 2.0 against 4.0, is therefore part of the port relation and not only the jurisdiction. The Italian port carries four collecting-society clauses that the International text does not: the licensor waives the right to collect fees for communication to the public and for performance, through SIAE, for cover versions, through SIAE, and for the communication of phonograms, through IMAIE, but keeps the non-waivable statutory remuneration of Italian copyright law, the equo compenso of article 18-bis of law 633/1941. Nothing in this review is legal advice."}