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 of the definition of derivative works in 1(b)

 

The Rationale:

First, the definition is confusing at present

Second, the definition is largely based on the American definition of derivative works, which doesn’t exist in Canadian law.

Third, the definition is not comprehensive in terms of the Canadian Copyright Act.  We want comprehensiveness: 

1. We don’t want some rights to slip through the language (and not be granted) allowing suits to be sprung on unsuspecting users

 

 

Recommended change:

 

b. "Derivative Work" means a work that produces or reproduces the Work or any substantial part thereof in any material form whatever.  Derivative works include:

(i) Translations of the Work,

(ii) Where the Work is a dramatic work, conversions of the Work into a novel or other non-dramatic work,

(iii) Where the Work is a novel or other non-dramatic work or an artistic work, conversions of the Work into a dramatic work by way of performance in public or otherwise,

(iv) Where the Work is a literary or dramatic or musical work, sound recordings, cinematograph films or other mechanical reproductions or performances of the Work,

(v)  Where the Work is a literary or dramatic or musical or artistic work, reproductions, adaptations or public presentations of the Work as a cinematographic work.

 

 

This definition of derivative rights mirrors the language in the Copyright Act which Theberge establishes as conferring rights in derivative works.  Of course, the first part of the definition also confers basic reproduction rights.  Thus, the grant of 'reproducing derivative works' would be redundant insofar as the language can be said to give non-derivative reproduction rights

 

 

Ian M