[Cc-ca] Why can’t a creator waive attribution or their moral rights?

Marcus Bornfreund marcus at uottawa.ca
Thu Jun 10 17:05:34 EDT 2004

Why can’t a creator waive attribution or their moral rights?

In order to generate a Creative Commons licence, creators from all 
world jurisdictions go through the licence selection-page hosted at the 
main Creative Commons website.  After answering the questions on the 
licence selection-page, a licence appropriate to the jurisdiction of 
the creator is generated. 
The framework for the creation of Creative Commons licences is based on 
the American copyright regime, which does not include moral rights or 
an analogous concept.  As such, there is currently no mechanism within 
the licence generation process that would allow Canadian creators to 
preserve or waive their moral rights. Furthermore, in order to maintain 
efficiency and preserve the strongest possible protection for copyright 
holders we have followed Creative Commons' lead by making an 
attribution requirement embedded in all licence permutations (see 
further at: http://creativecommons.org/weblog/entry/4216).  
Consequently, a creator cannot choose to waive attribution or other 
moral rights - they are implicit - the Canadian customized licences 
will automatically reserve these rights.  Based on demand this may be 
altered in subsequent versions.

However, in practice, the creator will still retain maximum 
flexibility.  Attribution and moral integrity can always be disavowed 
upon specific licensee request, and pseudonymous and anonymous 
authorship are always options for a licensor.

Marcus Bornfreund, B.A., LL.B., LL.M.
Manager - Law & Technology Program
Managing Editor - University of Ottawa Law & Technology Journal
Part-time Professor
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
PGP Key ID: 0x8A322125
Please visit us at: http://www.commonlaw.uottawa.ca/tech
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