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cc-ca - Re: [Cc-ca] Response to Sheila Crossey

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Subject: Creative Commons Canada

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  • From: Russell McOrmond <russell AT flora.ca>
  • To: cc-ca AT lists.ibiblio.org
  • Subject: Re: [Cc-ca] Response to Sheila Crossey
  • Date: Wed, 30 Jun 2004 17:56:10 -0400 (EDT)


On Wed, 30 Jun 2004, Marcus Bornfreund wrote:

> (Copyright Act s.14.1(2)). The creator may agree to permit certain uses
> which would otherwise constitute infringement of her moral rights while
> retaining all other moral rights.

Can you give me an example of a moral right that CC'ers would not want
to waive?

One of the advantages of CC and FLOSS licenses is that they create more
certainty in an otherwise litigious world. Increased legal certainty was
in fact what drew me to Free Software over 12 years ago.

If I redistribute a work or build upon it (SA, or other derivatives
allowed) I want to be certain that nobody can come to me later and claim I
am infringing their work for what may amount to me to be a highly uncertain
and subjective reason.



Possibly off-topic "thinking out loud"...

While the focus of copyright in the past has been on the so-called
"original author" (if such a person truly exists), I believe that CC
seeks to protect follow-on creativity and distribution. Protecting the
present and the future from the past should be part of the thinking.

I think many people using Canadian CC licenses will assume that moral
rights are being waived. Many Canadians don't even know they have moral
rights, and think we have the same copyright laws as the USA. If a court
case happens later when someone exerts their moral rights, I suspect many
Canadian CC users will question whether they are protected and whether the
CC licenses provide them any value.


Sorry for that rambling. I just published my own answers to the
CIPPIC.ca questions of election candidates. Some of the thinking around
"Educational Use of Internet Materials" has seemed backwards to me thus
far, as do many conversations around copyright reform.
http://www.digital-copyright.ca/node/view/428

--
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
Petition for Users' Rights, Protect Internet creativity and innovation
Canadian Election 2004: http://digital-copyright.ca/
Find out where parties and candidates stand on important Tech issues!




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