[Cc-ca] Removal of the private copying section in section 4(e)

Ian ian.kerr at utoronto.ca
Tue Jul 13 11:43:28 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. 
 
 
Potential change to the draft CCC licence:  removal of the private
copying section, 4(e). 
 
The Rationale:
First, the 4(e) section will contradict the rest of the license. For
example:
1. Every licence allows users to perform the licensed work.  4(e)
specifies that performance is not allowed
2. When a licensor wants to allow commercial use.  4(e) specifies that
you may not engage in a commercial purpose. 
Second, the section is unnecessary: every CCC licence confers the
ability to make personal copies anyways. 
 
 
 
Although it is unnecessary, the private copying provisions might be
mentioned in section 2:
 
2. Fair Dealing Rights. Nothing in this licence is intended to reduce,
limit, or restrict any rights accruing to fair dealing7, and those
exemptions afforded to educational institutions, libraries, archives,
museums, computer programs, incidental inclusions, and ephemeral
recordings, or other limitations, such as the s80 private copying
provision, on the exclusive rights of the copyright owner under
copyright law or other applicable laws
 
 
 
Ian M
 
 
 
 
 
 
 
 
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