[CC-ca] Need for Introduction

Russell McOrmond russell at flora.ca
Mon May 15 12:01:25 EDT 2006

Justin Wikinator wrote:
>  Concerning this discrepancy, I 
> propose that we all introduce ourselves to the list in the spirit of the 
> Commons and Openness.

   The archives are all there as a bit of an intro, but I'd like to post 
an update.

   I differentiate myself from some of the others in this list as being 
interested in Creative Commons and FLOSS primarily from the creators 
perspective.  Lessig got it right when he focused on "Creativity always 
builds on the past" in past speeches, with the FLOSS movement being a 
movement by-and-for software creators recognizing that their rights are 
best protected by aligning themselves with their customers/users rather 
than the legacy intermediaries.

   While I got involved in Free Software in the early 1990's, it wasn't 
until the summer of 2001 and that round of copyright consultation that I 
started to get interested in the laws around non-software creativity.

   The recent separation of musicians from the big-4 foreign major 
labels (IE: what is left of CRIA), and the formation of the Canadian 
Music Creators Commons is likely well known.  Less known to this 
community is the expansion of the thinking within other creator communities.

   An example is the Professional Writers Association of Canada.  I 
recently attended a reception and a talk at the PWAC.ca AGM and 
conference.  At the reception was a launch of the results of the 
Canadian Professional Writers Survey.  In this survey contained the 
following "four core principles essential for the ongoing copyright reform"

"(1) Everyone has the right freely to participate in the cultural life 
of the community, to enjoy the arts and to share in scientific 
advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material 
interests resulting from any scientific, literary or artistic production 
of which he is the author.

(3) All creators must be respected in the copyright reform process.

(4) There are myriad models for the production, distribution and 
remuneration of creative works. We need to create a copyright paradigm 
in which all models and choices are respected. Imposing a single-model 
solution is undemocratic and absolutely not in the interests of the 
creative community."

   These 4 principles may seem familiar to those who know me, as they 
are the same types of principles I have been strongly advocating.

(1) is "creativity builds on the past" as worded by the UN Universal 
Declaration of Human Rights

(2) is the second part of Creators' rights as worded by the UN UDHR

(3) is a recognition that different creators have been working against 
each others interests in the current process and we need to be respectful

(4) is a recognition that there are many traditional models and emerging 
models, and that pay-per-copy models, pay per user models as well as 
those enabled by the Creative Commons or FLOSS should all be respected. 
  Not imposing single-model solutions also suggests to me a movement 
away from lobbying for things like statutory or extended licensing for 
things such as educational use of the Internet, where creative 
commons/Open Access and other such models seem to offer much better 
long-term solutions.  Hopefully the educational institutions will 
eventually agree and stop lobbying for institutional exceptions to 
copyright, and instead create/fund CC/OA initiatives.

   I consider this to be an exciting development!

  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  2415+ Canadians oppose Bill C-60 which protects antiquated Recording,
  Movie and "software manufacturing" industries from modernization.
  Send a letter to your Canadian MP! --> http://digital-copyright.ca/

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