Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 South Africa

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/za/, 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-ZA, 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 proposed

The record targets dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-ND-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. Creative Commons licences are media neutral and this port grants the rights in all media and formats now known or later devised, but its legal text carries no database rights clause, unlike the Portuguese, Czech and Azerbaijani ports of this review group. Aligning the ports with the parents is a single library wide decision covering every Creative Commons port, so it is left as a proposal here.

info Rubric 3 odrl:permission none

The modelled permissions follow the grant. Clause 3.1 grants "a worldwide, royalty-free, irrevocable, non-exclusive, perpetual (for the duration of the applicable copyright) licence", covering reproduction, incorporation into Collections, creation and reproduction of Adaptations with a duty to label the change, and distribution and public performance of the Work and of Adaptations, in all media and formats whether now known or hereafter devised. The record models this as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:modify and dalicc:ModifiedWorks.

major 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 Clause 3.4 of the NoDerivatives port states it outright: the rights include technically necessary modifications "but otherwise you have no rights to make Adaptations". 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. Clause 4.3.5: the licensee may not assert or imply any connection with, or sponsorship or endorsement by, the Original Author, Licensor or Attribution Parties.

info Rubric 4 odrl:prohibition none

cc:CommercialUse is prohibited, as the NonCommercial element requires. Clause 4.4, a clause of its own: "You must not exercise any of the rights granted to You in Clause 3 above for any Commercial purpose.".

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 Work is defined as "the copyright-protected material ... including literary, musical and artistic works; cinematograph films; sound recordings; broadcasts; programme-carrying signals; published editions; computer programs and performances", and the clause numbering is decimal rather than lettered.

info Rubric 6 dalicc:WarrantyDisclaimer none

dalicc:WarrantyDisclaimer and dalicc:LiabilityLimitation are quoted verbatim from the English text of this port and not from the English unported version. They are Clause 5 (Representations, Warranties and Disclaimer) and Clause 6 (Limitation on Liability), 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:SouthAfrica, which matches the country of the legal code URL https://creativecommons.org/licenses/by-nc-nd/3.0/za/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant for the duration of the applicable copyright. The port names no governing law, although it is written in South African legal language (delict, voetstoots). 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. Clause 4.1.5: "you may not impose any effective technological measures on the Work that restrict the ability of recipients of the Work to exercise the rights granted to them". 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. Clause 4.7: "Moral rights remain unaffected to the extent they are recognised and not waivable by applicable law.". 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. Clause 4.5 reserves the right to collect royalties under voluntary licence schemes, naming DALRO, NORM, SAMRO and SARRAL, and Clause 4.6 settles compulsory and statutory schemes, reserving the non-waivable royalty and waiving the waivable one for non-commercial use. 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, and only odrl:target still differs, because the parent also carries dcmitype:Dataset. 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 7 dalicc:terminatesOnBreach applied

The termination clause of this port reads: "This Licence and the rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this 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.

settled odrl:prohibition

The licence forbids sublicensing and the record does not say so. Clause 4.1.6: "You may not sublicense the Work. Instead, the rights provided under this Licence are granted directly to the recipients of the Work by Clause 8." 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.