Creative Commons Canada

["Ian" <ian.kerr AT utoronto.ca>]

Greetings, 

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 to the basic grant (s3) to bring it in line with the Canadian Copyright Act.

This can be accomplished by defining 'reproduce' in s1 of the draft licence.  Recommended definition:

 

'to reproduce the work' means to reproduce the work or any substantial part thereof or, if the work is unpublished, to publish the work or any substantial part thereof and includes the right:

(i) in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication,

(ii) to present at a public exhibition, for a purpose other than sale or hire, an artistic work created after June 7, 1988, other than a map, chart or plan,

(iii) in the case of a computer program that can be reproduced in the ordinary course of its use, other than by a reproduction during its execution in conjunction with a machine, device or computer, to rent out the computer program, and

(iv) in the case of a musical work, to rent out a sound recording in which the work is embodied

 

NOTE:  Section (iii) and (iv) would be removed if the creator chooses to not allow commercial uses. 

 

 

The Rationale:

First, this modification mirrors the language of s3 of the Copyright Act

Second, this modification accounts for the other enumerated 3(1) rights that are not strictly derivative works.

 

 

 

Ian M