[From Cable Green to OER Advocacy Group] Creative Commons (CC) is in the final stages of preparing draft 3 of 4.0 for public comment. I want to call your attention to an open proposal (not yet incorporated in the draft or in any way committed to by CC) that would benefit from your input at this time, as it would have the potential to impact the OER and OA communities if it advances.
At issue is whether to require licensors to undertake an affirmative representation and warranty that they have secured all rights the work subject to the CC license. This means that licensors would be required to assert that they have all the necessary rights to publish the content under a CC license. Introducing an affirmative representation and warranty on the part of the licensor would be a change from how CC licenses have operated since version 2.0, which places the responsibility on the side of the user of the CC licensed work, who must do the diligence to ensure that he/she has all the necessary rights to use the licensed work. (Note that there have been several proposals in the making, this is a general statement for purposes of eliciting feedback.)
Introducing an affirmative representation and warranty on the part of licensors would be a change from how CC licenses have operated to date, with the exception of the version 1.0 licenses which contained such a provision. That provision was removed from the licenses at version 2.0, and has remained absent since. The reasons for that change in policy are collected and explained at the link below.
CC is only evaluating this proposal at this stage. As part of that evaluation, it would be good to understand from the OER and OA communities, what impact, if any, the inclusion of an affirmative undertaking would have for 4.0 uptake by OER and OA providers and users (who often become providers in turn when they remix and share CC licensed resources).