{"id":"CreativeCommonsAttributionNoncommercialSharealike30Croatia","title":"Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Croatia","reviewed_on":"2026-09-15","reviewer":"Giray Havur","text_source":"https://creativecommons.org/licenses/by-nc-sa/3.0/hr/legalcode","text_retrieved":true,"verdict":"corrected","summary":"The record models the BY-NC-SA element set of the Creative Commons 3.0 port for Croatia and the model follows the grant and the restrictions section of that port. The legal text was read in Croatian. Corrections applied: dct:source, dct:title, odrl:target. What remains are proposals that touch the whole Creative Commons family rather than this record, chiefly the express prohibition of sublicensing.","findings":[{"rubric":1,"severity":"minor","field":"dct:source","description":"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-sa/3.0/hr/, and the six 4.0 International parents carry exactly that pair, legal code plus deed. Added.","action":"applied","change":"dct:source <https://creativecommons.org/licenses/by-nc-sa/3.0/hr/> ;"},{"rubric":1,"severity":"minor","field":"spdx:licenseId","description":"SPDX has no identifier for this port. The legal-code URL implies CC-BY-NC-SA-3.0-HR, 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.","action":"none"},{"rubric":1,"severity":"minor","field":"dct:title","description":"The dct:title literal ended in a space, \"Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Croatia \", which the library list and the search index carry through. The space was removed. All seven BY-NC-SA records of this review group carried the same defect. The header comment on line 1 of the file still quotes the old title with the space, as in the other ports of the library, and was left alone because it is a comment and not RDF.","action":"applied","change":"dct:title \"Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Croatia\"@en ;"},{"rubric":2,"severity":"minor","field":"odrl:target","description":"The record targeted dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-SA-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. This port licenses database rights in terms. The definition of Djelo in article 1 counts a database (baza podataka) as a Work, the definition of the original author counts the maker of a database, article 3 grants the right to extract and re-use substantial and insubstantial parts of the content when the Work is a database and waives the licensor own database producer right under the national law implementing the EC database directive, and article 4 carves the restrictions out of the parts that qualify only under the sui generis right. Since the text is explicit, dcmitype:Dataset was added, which also brings the record into line with its parent.","action":"applied","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 is supported by the grant. Article 3 grants a royalty free, non-exclusive right, unlimited in place and time (for the term of copyright, related rights or other applicable rights), to reproduce the Work, to include it in Collections, to create and reproduce Adaptations, to distribute copies or phonograms and communicate the Work and Adaptations to the public, and to extract or re-use substantial and insubstantial parts of the content of the Work when the Work is a database. The record models that as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:derive, odrl:modify, cc:DerivativeWorks and dalicc:ModifiedWorks. The rights may be exercised in all media and formats now known or later devised.","action":"none"},{"rubric":3,"severity":"minor","field":"odrl:permission","description":"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-SA-4.0 and in every NonCommercial record of the library, so removing it is one library wide decision about the NonCommercial family.","action":"proposed","change":"remove:\n    odrl:permission [ a odrl:Permission ;\n            odrl:action dalicc:chargeDistributionFee ]"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"The licence forbids sublicensing and the record does not say so: article 4(a): \"Ne smijete podlicencirati Djelo.\". 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.","action":"superseded","superseded_by":2,"change":"odrl:prohibition [ a odrl:Prohibition ;\n        odrl:action dalicc:sublicense ] ;"},{"rubric":4,"severity":"info","field":"odrl:prohibition","description":"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.","action":"none"},{"rubric":5,"severity":"info","field":"odrl:duty","description":"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 Izvorni autor, which the Croatian text defines to include the performer, the phonogram producer, the film producer, the broadcasting organisation, the publisher and the maker of a database. One cc:Attribution duty stands for all of them. The duties hang on odrl:distribute, odrl:modify and odrl:derive, which matches the licence, since they are triggered by making the work public rather than by private use. The cc:ShareAlike duty is carried at the level of the odrl:Set, as in the parent CC-BY-NC-SA-4.0.","action":"none"},{"rubric":5,"severity":"info","field":"odrl:duty","description":"The share-alike clause of the 3.0 ports is wider than a flat prohibition of relicensing: an adaptation may be distributed under this licence, under a later version of it with the same licence elements, or under the Creative Commons Unported licence or another jurisdiction port of this or a later version with the same licence elements. The record expresses it as a cc:ShareAlike duty plus a dalicc:ChangeLicense prohibition, which cannot say that a later version or another port is an acceptable outgoing licence. The 4.0 International parent has the same limitation, and the consistency check would report a conflict if dalicc:ChangeLicense were permitted next to cc:ShareAlike, so the present modelling is the only one the checker allows.","action":"none"},{"rubric":6,"severity":"info","field":"dalicc:WarrantyDisclaimer","description":"dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted from the Croatian 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, Jamstva, is a short disclaimer: unless the parties have agreed otherwise in writing or the applicable law provides otherwise, the licensor offers the Work as it is, without warranties of any kind. Article 6 is the only limitation in the review group that is framed as a positive statement of what is owed: apart from the article 5 warranties the licensor is liable only for damage caused intentionally or by gross negligence. Both fields carry their own article verbatim in Croatian.","action":"none"},{"rubric":6,"severity":"info","field":"dalicc:additionalClauses","description":"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.","action":"none"},{"rubric":7,"severity":"info","field":"cc:jurisdiction","description":"cc:jurisdiction is bpicounty:Croatia, which matches the country of the legal-code URL https://creativecommons.org/licenses/by-nc-sa/3.0/hr/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant made for the duration of the applicable rights. The Croatian port has no choice-of-law clause. Article 8 covers the downstream offer, severability, waiver and entire agreement, and stops there. Note that the jurisdiction field records the legal home of the port, not a territorial limit on the grant: the grant itself runs worldwide.","action":"none"},{"rubric":8,"severity":"gap","field":"odrl:prohibition","description":"The licence forbids technological protection measures and the vocabulary has no term for it: article 4(a) forbids the licensee, when distributing or communicating the Work to the public, to apply technological measures that restrict the ability of a recipient to exercise the rights granted under the licence. 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.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"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.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"Moral rights are not expressible with the present vocabulary. Article 4 states that the licence leaves moral rights untouched to the extent that the applicable law recognises them and does not permit a waiver: \"Ova Licenca ostavlja netaknutima moralna prava, u mjeri u kojoj ih mjerodavni zakon priznaje i ne dopušta odricanje od njih.\" Proposed terms: dalicc:moralRightsRestriction for a clause that binds the licensee and dalicc:moralRightsNonAssertion for one in which the licensor undertakes not to assert.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"The royalty collection arrangements are not expressible either. Article 4 distinguishes the non-waivable statutory right to remuneration, the waivable one and voluntary collective management through an udruga za kolektivno ostvarivanje prava. In the NonCommercial sets the licensor reserves the voluntary collection right for uses that are not the permitted non-commercial ones; in the other sets it is waived. 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.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"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.","action":"none"},{"rubric":9,"severity":"info","field":"record","description":"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.","action":"none"},{"rubric":10,"severity":"info","field":"record","description":"Port of Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International. The deontic model of this record is identical to the parent CC-BY-NC-SA-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-SA element set, across all three versions and every jurisdiction the library holds.","action":"none"},{"rubric":3,"severity":"major","field":"odrl:permission","description":"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 Djelo in article 1 counts a database (baza podataka) as a Work, the definition of the original author counts the maker of a database, and article 3 grants the right to extract and re-use substantial and insubstantial parts of the content when the Work is a database and waives the licensor own database producer right under the national law implementing the EC database directive, and article 4 carves the restrictions out of the parts that qualify only under the sui generis 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-SA-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. The cc:ShareAlike duty of this record sits at the level of the odrl:Set and still reaches this permission in the model; the term that would take the conditions off the database layer does not exist, and the gap finding of this review still records that. The review reads the articles off the legal code without quoting a sentence of the Dutch text, so the passage above is the finding's own wording and not a quotation. 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.","action":"applied","change":"odrl:permission [ a odrl:Permission ;\n        odrl:action dalicc:suiGenerisDatabaseRights ] ;"},{"rubric":7,"severity":"major","field":"dalicc:terminatesOnBreach","description":"The termination clause of this port reads: \"Licenca i prava korištenja koja su njome dana prestat će automatski važiti prekršite li uvjete Licence.\" 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 3.0 port: Croatia (HR)","port_of":"CC-BY-NC-SA-4.0","variant_kind":"jurisdiction-port","notes":"The parent is the 4.0 International record of the same element set, since the library holds no unported and no International 3.0 record; the version difference, 3.0 against 4.0, is therefore part of the port relation and not only the jurisdiction. The 3.0 text differs from 4.0 in substance as well: it prohibits sublicensing expressly, it has no thirty day cure period for a breach, its share-alike clause accepts a later version or another port with the same licence elements, and it settles the moral rights and royalty collection questions per jurisdiction. None of that is visible in the model. Nothing in this review is legal advice."}