[Cc-ca] Modified definition of 'derivative' works
ian.kerr at utoronto.ca
Tue Jul 13 11:43:34 EDT 2004
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: modification of the
definition of derivative works in 1(b)
First, the definition is confusing at present
Second, the definition is largely based on the American definition of
derivative works, which doesn't exist in Canadian law.
Third, the definition is not comprehensive in terms of the Canadian
Copyright Act. We want comprehensiveness:
1. We don't want some rights to slip through the language (and not be
granted) allowing suits to be sprung on unsuspecting users
b. "Derivative Work" means a work that produces or reproduces the Work
or any substantial part thereof in any material form whatever.
Derivative works include:
(i) Translations of the Work,
(ii) Where the Work is a dramatic work, conversions of the Work into a
novel or other non-dramatic work,
(iii) Where the Work is a novel or other non-dramatic work or an
artistic work, conversions of the Work into a dramatic work by way of
performance in public or otherwise,
(iv) Where the Work is a literary or dramatic or musical work, sound
recordings, cinematograph films or other mechanical reproductions or
performances of the Work,
(v) Where the Work is a literary or dramatic or musical or artistic
work, reproductions, adaptations or public presentations of the Work as
a cinematographic work.
This definition of derivative rights mirrors the language in the
Copyright Act which Theberge establishes as conferring rights in
derivative works. Of course, the first part of the definition also
confers basic reproduction rights. Thus, the grant of 'reproducing
derivative works' would be redundant insofar as the language can be said
to give non-derivative reproduction rights
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