{"id":"CreativeCommonsAttributionNoncommercialNoderivs30Azerbaijan","title":"Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Azerbaijan","reviewed_on":"2026-09-15","reviewer":"Giray Havur","text_source":"https://creativecommons.org/licenses/by-nc-nd/3.0/az/legalcode","text_retrieved":true,"verdict":"corrected","summary":"The record models the BY-NC-ND element set of the Creative Commons 3.0 port for Azerbaijan and the grant and restriction sections support it: the attribution and notice duties hang on the acts that share the work with the public, and the prohibitions follow the restrictions clause. The legal text was read in Azerbaijani. Corrections applied: dct:source, odrl:target, dalicc:WarrantyDisclaimer moved to dalicc:additionalClauses. 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-nd/3.0/az/, 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-nd/3.0/az/> ;"},{"rubric":1,"severity":"info","field":"spdx:licenseId","description":"SPDX has no identifier for this port. The legal code URL implies CC-BY-NC-ND-3.0-AZ, 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.","action":"none"},{"rubric":2,"severity":"minor","field":"odrl:target","description":"The record targeted dalicc:CreativeWork only, while the 4.0 International parent CC-BY-NC-ND-4.0 targets dalicc:CreativeWork and dcmitype:Dataset. This port settles database rights expressly: the last paragraph of Section 3 waives the database maker's right wherever national law gives it to the Licensor, and Section 4 adds that the restrictions do not apply to the parts of the Work that qualify only under that exclusive database right. Beyond that, the definition of \"Eser\" in Section 1 names \"melumat bazalari\" (databases) alongside performances, phonograms, first fixations of film and broadcasting organisation programmes, and a separate definition of Database follows it. Because the legal text names databases as licensed subject matter and disposes of the database maker's right in the grant itself, dcmitype:Dataset was added here rather than left as a proposal. The ports in this review group whose text has no database clause at all keep the proposal.","action":"applied","change":"odrl:target [ a odrl:AssetCollection ;\n        dct:type dalicc:CreativeWork,\n            dcmitype:Dataset ] ;"},{"rubric":3,"severity":"info","field":"odrl:permission","description":"The modelled permissions follow the grant. Section 3 grants \"umumdunya, muellif honorarindan azad, qeyri-mustesna, daimi\" (worldwide, royalty free, non-exclusive, perpetual) rights for the duration of the applicable copyright, covering reproduction, incorporation into Collections, creation and reproduction of Derivative Works with a duty to label the change, and distribution and public performance of the Work and of Derivative Works, in all media and formats now known or later created. The record models this as odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:modify and dalicc:ModifiedWorks.","action":"none"},{"rubric":3,"severity":"minor","field":"odrl:permission","description":"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 the NoDerivatives port simply omits the adaptation grant of Section 3 and relies on the reservation of all rights not expressly granted. 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.","action":"proposed","change":"remove:\n    odrl:permission [ a odrl:Permission ;\n            odrl:action dalicc:ModifiedWorks ]\n    odrl:permission [ a odrl:Permission ;\n            odrl:action odrl:modify ;\n            odrl:duty [ a odrl:Duty ; odrl:action cc:Attribution ],\n                [ a odrl:Duty ; odrl:action cc:Notice ],\n                [ a odrl:Duty ; odrl:action dalicc:modificationNotice ] ]\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): \"Lisenziya alan Esere elave lisenziya vere bilmez.\" 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.","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 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. Section 4(d): without prior written permission the licensee may not indicate any connection or sponsorship of the Original Author, the Related Rights Holder or the Licensor.","action":"none"},{"rubric":4,"severity":"info","field":"odrl:prohibition","description":"cc:CommercialUse is prohibited, as the NonCommercial element requires. Section 4(c): none of the rights granted in Section 3 may be used for a commercial purpose or for private monetary reward, with the file sharing exception.","action":"none"},{"rubric":3,"severity":"minor","field":"odrl:permission","description":"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.","action":"proposed","change":"remove:\n    odrl:permission [ a odrl:Permission ;\n            odrl:action dalicc:chargeDistributionFee ]"},{"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 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 parties are \"Lisenziya veren\" and \"Lisenziya alan\", credit is owed to the Original Author or the Related Rights Holder, and the grant expressly reaches performances, phonograms, broadcasts and databases.","action":"none"},{"rubric":6,"severity":"minor","field":"dalicc:WarrantyDisclaimer","description":"The record held the text of Section 5 in dalicc:WarrantyDisclaimer, but Section 5 of this port is not a disclaimer: it is an affirmative warranty. It is headed \"Numayendelik ve zemanet\" (representation and warranty) and reads \"Lisenziya veren temsilcilik edir ve zemanet verir ki\" (the Licensor represents and warrants that) the grant is within the Licensor's power, conflicts with no statute, and that the Licensor owns the rights granted with no legal obstacle to exercising them. The Azerbaijani port carries no warranty disclaimer anywhere in the licence body, so the field asserted the opposite of what the text says. The text was moved verbatim to dalicc:additionalClauses and dalicc:WarrantyDisclaimer was removed.","action":"applied","change":"remove:\n    dalicc:WarrantyDisclaimer \"Lisenziya veren temsilcilik edir ...\"\nadd:\n    dalicc:additionalClauses \"Lisenziya veren temsilcilik edir ...\" ;"},{"rubric":6,"severity":"info","field":"dalicc:LiabilityLimitation","description":"dalicc:LiabilityLimitation is Section 6 of this port, quoted verbatim in Azerbaijani and not from the English unported version. The record spells the dotted and dotless i of the Azerbaijani alphabet differently from the legal code page in a few upper case words, which is a rendering difference, not a difference of wording.","action":"none"},{"rubric":8,"severity":"gap","field":"dalicc:additionalClauses","description":"The vocabulary has no term for a licence that gives an affirmative warranty. dalicc:WarrantyDisclaimer records a disclaimer and dalicc:WarrantyOrLiabilityAcceptance records a clause under which the licensee may accept a warranty, neither of which fits a warranty given by the licensor. Proposed term: dalicc:LicensorWarranty, a datatype property alongside dalicc:WarrantyDisclaimer. Until it exists the clause sits in dalicc:additionalClauses, where the compatibility checker cannot see it.","action":"none"},{"rubric":6,"severity":"info","field":"dalicc:additionalClauses","description":"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.","action":"none"},{"rubric":7,"severity":"info","field":"cc:jurisdiction","description":"cc:jurisdiction is bpicounty:Azerbaijan, which matches the country of the legal code URL https://creativecommons.org/licenses/by-nc-nd/3.0/az/legalcode, and dalicc:validityType is dalicc:perpetual, which matches a grant for the duration of the applicable copyright. The port names no governing law and has no choice of law clause. Note that 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 licence forbids technological protection measures and the vocabulary has no term for it. Section 4(a): the licensee may impose no technological measure that restricts the recipient's ability to exercise the rights granted. 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, 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.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"Moral rights have no vocabulary term. Section 4: \"Muellifin ve Ifacinin Menevi huquqlar tetbiqedilen qanunvericiliye esasen imtina edilmez olduguna gore toxunulmaz olaraq qalir\" (the moral rights of the author and of the performer remain untouched because applicable law makes them non-waivable). 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.","action":"none"},{"rubric":8,"severity":"gap","field":"record","description":"The royalty collection arrangement has no vocabulary term. Section 4 carries only the voluntary licence scheme paragraph, in which the Licensor waives the right to collect royalties individually or through a collecting society; the NonCommercial sets tie the waiver to uses other than commercial ones. 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.","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 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, the same asset types too, now that the database clause of this port has brought dcmitype:Dataset into odrl:target. 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.","action":"none"},{"rubric":7,"severity":"major","field":"dalicc:terminatesOnBreach","description":"The termination clause of this port reads: \"Bu Müqavilə (Lisenziya) və ona əsasən verilən hüquqlara Lisenziya alan tərəfindən Lisenziyanın şərtləri pozulduqda avtomatik olaraq xitam veriləcək.\" 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: Azerbaijan (AZ)","port_of":"CC-BY-NC-ND-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 forbids technological protection measures, it has no thirty day cure period for a breach, and it settles the royalty collection question and the moral rights question per jurisdiction. None of that is visible in the model. Nothing in this review is legal advice."}