Creative Commons Canada

["Ian! D. Allen" <idallen AT idallen.ca>]

On Wed, Jul 21, 2004 at 08:58:28PM -0400, Marcus Bornfreund wrote:
> Thank you Russell for raising another extremely important point. You 
> are entirely correct in pointing out that for the CCCa to be of value 
> to Canadian creators, 
> 
> "[c]onditions which are not clear in the commons deeds should not
> exist in the license, or more specifically, conditions that exist in
> Canadian copyright law that are not mentioned in the matching commons
> deed need to be explicitly waived."
>
> Including the right of integrity in the Commons Deed and Machine-
> Readable Code will be necessary irrespective of whether or not this
> right is waived.

But the Canada-only integrity/moral rights must be waived by default if
the Canadian CCCa licenses are to match the already-existing CC licenses.

In user-interface work we always say: make it the same, or else make it
totally different; don't make it "mostly" the same.

The Canadian CCCa licenses must either give follow-on creators the same
freedom that the already-existing CC licenses give (which means waiving
moral rights, since the CC licenses don't preserve them), or else please
don't call them CC-type licenses.  We don't want people going to the
USA site, watching the videos, using a Canadian work under CCCa, and
then getting hit with an integrity/moral lawsuit.  Not fair!

In this "Round 1" you don't have to provide the Canadian integrity icon
or a means for people to preserve integrity/moral rights.  Leave that for
"Round 2".  Please make the CCCa licences "the same" as the CC licences
(by waiving anything that doesn't fit the current CC icon system).

CC (and I hope CCCa) licenses are about user-rights.  Creators get
to keep *only* those few rights that the CC icon system allows (at
least in Round 1).  The "Round 1" licenses must waive *all* rights
not specifically reserved by the (limited) existing CC icon system.

Please don't publish CCCa licenses with a Canadian booby-trap in them.

-- 
-IAN!  Ian! D. Allen   Ottawa, Ontario, Canada
       EMail: idallen AT idallen.ca   WWW: http://www.idallen.com/
       College professor via: http://teaching.idallen.com/
       Support free and open public digital rights:  http://eff.org/