Creative Commons Attribution-NoDerivatives 3.0 Guatemala

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-nd/3.0/gt/, 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-ND-3.0-GT, 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 proposed

The record targets dalicc:CreativeWork only, while the 4.0 International parent CC-BY-ND-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. The Guatemalan port has no database language at all: neither the definitions nor the grant nor the restrictions mention a base de datos or a sui generis right. The four European Union ports of this review group, Italy, the Netherlands, Ireland and Croatia, were corrected because their texts license database rights in terms; this one was not, and aligning it with the parent is part of the single library wide decision on the asset types of the Creative Commons family.

info Rubric 3 odrl:permission none

Every modelled permission is supported by the grant. Clause 3 grants a licence valid in any country of the world, without royalties, non-exclusive and for the duration of the author right, to reproduce the Obra and have it form part of Colecciones and to distribute and perform the Obra in public; Obras Derivadas are not in the list. 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. cc:CommercialUse is permitted, which this element set does not restrict.

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. 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 Autor, which the Guatemalan text defines to include performers, phonogram producers, broadcasters and, for audiovisual works, the director, and to the institutions that contributed to the work. The endorsement bar is part of the same clause. The duties hang on odrl:distribute, which matches the licence, since they are triggered by making the work public rather than by private use.

info Rubric 6 dalicc:WarrantyDisclaimer none

dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted from the Spanish 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. Clause 5 is not a pure disclaimer. It offers the Obra in its present condition and denies any warranty of commercial quality or fitness for a particular purpose, but in the same sentence it gives a warranty: "EL AUTOR GARANTIZA LA AUTORÍA Y ORIGINALIDAD DE LA OBRA". Guatemala is the only port of this review group whose warranty section warrants authorship and originality. Clause 6 is a conventional exclusion of damages. Each field carries its own clause verbatim in Spanish.

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:Guatemala, which matches the country of the legal-code URL https://creativecommons.org/licenses/by-nd/3.0/gt/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant made for the duration of the applicable rights. The Guatemalan port has no choice-of-law clause in clause 8. It reaches Guatemalan law twice inside the body instead: the definition of Autor applies the related-rights extension only where the rights are exercised in Guatemala or in another jurisdiction that recognises related rights, and clause 4 states that under Guatemalan law it is forbidden to remove from the Obra any information identifying the work, its author, its performer or its producer, or any code representing that information. 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: clause 4 forbids the licensee to add or impose on the Obra effective technological measures that restrict for others the rights the licensee itself obtained. 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. Clause 4 carries a separate heading, Derechos Morales: "Los derechos morales del Autor respecto de la Obra permanecen intactos, en la medida que sean reconocidos e irrenunciables por la ley aplicable." It restricts 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. Clause 4 waives the right to collect royalties, individually or through a sociedad de gestion colectiva, for the non-commercial uses of the Obra and reserves it for the commercial ones in the NonCommercial sets; in the other sets the right is waived for every use the licence grants. 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.

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-NoDerivatives 4.0 International. The deontic model of this record is identical to the parent CC-BY-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. The odrl:target still differs from the parent, which is the open proposal recorded above. The compatibility checker cannot tell this record from the other records of the BY-ND element set, across all three versions and every jurisdiction the library holds.

major Rubric 7 dalicc:terminatesOnBreach applied

The termination clause of this port reads: "Esta Licencia y los derechos otorgados en ella dejarán de surtir efecto automáticamente, si Usted incumple cualquiera de las condiciones aquí contenidas." 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: the clause 3 list omits Obras Derivadas entirely and the clause closes "Todos los derechos no otorgados expresamente por el Licenciante son derechos reservados.". 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-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: clause 4: the licensee is "ni está facultado para otorgar sub-licencias sobre la misma". 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.