[Cc-ca] The end and beginning of moral rights
Marcus Bornfreund
marcus at uottawa.ca
Tue Jul 20 19:35:05 EDT 2004
There will come a time when you believe everything is finished. That
will be the beginning.
- Louis L'Amour
Hi everyone. We here at iCommons Canada have been ruminating on the
issue of whether or not moral rights should be included in the Canadian
CC licence as a default protection and have come to what we hope will
be a reasonable solution. Existing functionality does not allow a
creator to choose to retain or waive their moral rights when completing
the licence generation form. As a result, a moral rights waiver or
non-waiver must be encoded into the master licence or not mentioned at
all.
After much discussion with Canadian copyright experts, we are have
decided to err on the side of greater creator protection by including
an assertion of moral rights in works licensed under the Canadian
Creative Commons licence 2.0.
But please don't think that we aren't sensitive to the protection of
user (downstream creator) interests. In the commons, creators are also
users and users, creators. We understand the want for legal certainty
in securing the ability to use, modify and/or redistribute the works
which will populate the Canadian creative commons. Moreover, at the end
of the day reasonableness must prevail: protecting creators is
ultimately just as important as protecting users.
As soon as the infrastructure and our resources allow it, iCommons
Canada in collaboration with Creative Commons, will implement
functionality to allow creators to waive in whole, or in part, their
moral rights. This is a promise. It was never our intention to forever
insist upon nor ban the waiver of moral rights, we are simply working
within the existing constraints. We are doing our best.
So let's be reasonable. Let's work with the resources available but,
most importantly, let's work together in solidarity - that way
everybody wins.
/Marcus
________________________
Marcus Bornfreund
Manager / Part-time Professor:
Law & Technology Program <http://www.commonlaw.uottawa.ca/tech/>
Faculty of Law : Faculté de droit
Common Law Section : Section Common Law
University of Ottawa : Université d'Ottawa
57 Louis Pasteur Street
Ottawa, ON CANADA K1N 6N5
t. 613/562-5800 x3299
f. 613/562-5124
e. marcus at uottawa.ca
GPG/PGP Key ID: 39DB1B1D
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