Creative Commons Canada

[Darren Wershler-Henry <darren AT alienated.net>]

Hi all:

Sorry, I've been working in Alberta for a few days  or I would have asked
this earlier. In a backchannel discussion, Russell and I were wondering
about the reverse side of Ian's question: if a Canadian living in Canada
uses a US CC license for a work, do their moral rights still obtain, or are
they implicitly considered to be waived?

These sorts of questions won't go away until the CCCa licenses cover full
options for the use and/or waiving of moral rights, so someone should
probably formulate an answer for the FAQ page.

Darren

On 7/28/04 9:56 PM, "Ian" <ian.kerr AT utoronto.ca> wrote:

> Jurisdiction Question for the Forum:
> 
> If an American in the U.S. makes use of a cc-ca licensed work (from a 
> Canadian
> website), will the fact that the licence reserves all moral rights have
> significance in the U.S. where there are no moral rights?
> Does the jurisdiction clause force Americans using the licence to respect
> Canadian moral rights?
> 
> Jurisdiction clause:
> The construction, validity and performance of this shall be governed by the
> laws in force in Canada.


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Darren Wershler-Henry
darrenwh AT yorku.ca

Office: 3029 TEL Building
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