[Cc-ca] Response to Sheila Crossey
Ian
ian.kerr at utoronto.ca
Wed Jul 7 17:52:14 EDT 2004
Greetings,
My name is Ian M. I am a research fellow at CIPPIC and I am assisting
Professor Bornfreund with the Canadian Creative Commons initiative.
Below is a response to Russell's comments on June 30th, 2004.
Examples of Moral Rights
Individuals might not want to waive their moral right to be associated
with a work for a number of reasons:
1. they want to attract interest in their future works.
2. they want to augment their reputations.
3. they want to receive input/feedback on their works
Individuals might not want to waive their moral right to the integrity
of a work and risk some kind of degradation or perversion:
1. having their works associated with some distasteful commercial
product.
2. having their works used in propaganda.
The right to the Integrity of a work is important for CC licences
because licensors really don't know who is downloading their work (it
might a distasteful organization). Whereas, if creators are selling
rights, they can exercise more control (i.e. not let distasteful
organizations buy their work in the first place).
People don't know about Moral Rights
It is a good point. It is probably applicable to commercial copyright
licences as well. People buying copyright might well expect to be able
to do anything with it. Although, if they have money to buy copyright,
they probably also have a lawyer to tell them about moral rights. CC
users won't generally have lawyers so Russell is right, many users of CC
licences may have no idea about moral rights.
One thing that can be done is to have a section in the Human-Readable CC
deed about moral rights, accompanied by a representative symbol. We are
working on this now and are open to suggestions about a symbol.
A symbol already exists for the 'moral right to be associated with a
work', BY:
We still need a symbol for the 'moral right to integrity' and possibly a
symbol for 'moral rights' in general.
Uncertainty
Making the waiver of moral rights automatic in CC licences would
increase the certainty of users.
However, waiver of moral rights would require an active choice by
creators and, at present, we don't want to make the licence selection
process any more complicated. It is certainly an option in the future.
Naturally, it is not the intention of CC to deprive creators of any
rights that they reasonably might want to keep (no matter how much
certainty it would give users).
Ian M
-----Original Message-----
From: cc-ca-bounces at lists.ibiblio.org
[mailto:cc-ca-bounces at lists.ibiblio.org] On Behalf Of Russell McOrmond
Sent: June 30, 2004 5:56 PM
To: cc-ca at lists.ibiblio.org
Subject: Re: [Cc-ca] Response to Sheila Crossey
On Wed, 30 Jun 2004, Marcus Bornfreund wrote:
> (Copyright Act s.14.1(2)). The creator may agree to permit certain
uses
> which would otherwise constitute infringement of her moral rights
while
> retaining all other moral rights.
Can you give me an example of a moral right that CC'ers would not want
to waive?
One of the advantages of CC and FLOSS licenses is that they create
more
certainty in an otherwise litigious world. Increased legal certainty
was
in fact what drew me to Free Software over 12 years ago.
If I redistribute a work or build upon it (SA, or other derivatives
allowed) I want to be certain that nobody can come to me later and claim
I
am infringing their work for what may amount to me to be a highly
uncertain
and subjective reason.
Possibly off-topic "thinking out loud"...
While the focus of copyright in the past has been on the so-called
"original author" (if such a person truly exists), I believe that CC
seeks to protect follow-on creativity and distribution. Protecting the
present and the future from the past should be part of the thinking.
I think many people using Canadian CC licenses will assume that moral
rights are being waived. Many Canadians don't even know they have moral
rights, and think we have the same copyright laws as the USA. If a
court
case happens later when someone exerts their moral rights, I suspect
many
Canadian CC users will question whether they are protected and whether
the
CC licenses provide them any value.
Sorry for that rambling. I just published my own answers to the
CIPPIC.ca questions of election candidates. Some of the thinking around
"Educational Use of Internet Materials" has seemed backwards to me thus
far, as do many conversations around copyright reform.
http://www.digital-copyright.ca/node/view/428
--
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
Petition for Users' Rights, Protect Internet creativity and innovation
Canadian Election 2004: http://digital-copyright.ca/
Find out where parties and candidates stand on important Tech issues!
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