Creative Commons Canada

[Andy Kaplan-Myrth <andy AT creativecommons.ca>]

Hi everybody,

I'm reviving this list in preparation for the move to version 3.0 of the 
Creative Commons Canada licences, a process that will begin this Summer. 
For those who don't know me, I'm Andy Kaplan-Myrth, one of the Joint 
Project Leads for Creative Commons Canada.

Earlier this week, Michael Geist posted this news summary to his 
Internet Law News newsletter:

> CANADIAN PHOTOGRAPHER CLAIMS VIOLATION OF CC LICENSE
> A Canadian photographer is considering suing a Member of
> Parliament for using a Creative Commons licensed photograph
> posted on Flickr in campaign literature. The photographer
> says he wouldn't have allowed the MP to use his photograph
> in the first place because he disagrees with "her campaign
> and political viewpoint."
> <http://tinyurl.com/25jvha> [Kamloops This Week]

The photographer's perspective is on his blog:

> http://www.syldavia.net/weblog/2007/03/betty-hinton-vs-intellectual-property_23.html

Because of the way that photographer frames his complaint, it looks like 
he asserts in part a Moral Rights objection to the MP's use of his work. 
Speculation about that possibility led to discussion on another list 
(CyberProf) about how the Canadian CC licences have handled moral rights 
so far and how the version 3.0 licences handle these rights.

In particular, it was pointed out in that discussion that the Canada is 
the only jurisdiction in which the right to integrity is waived. All 
other licences preserve this right, as well as the moral right to 
attribution of works.

As you may know by now, Creative Commons has released version 3.0. One 
of the Internationalization (i18n) goals of the new licence is to 
harmonize moral rights across the CC jurisdictional licences. The 
general approach chosen by CC is to retain moral rights. See this 
discussion paper in which the Canadian CC licence is singled out for its 
approach to moral rights:
> http://wiki.creativecommons.org/Version_3#International_Harmonization_.E2.80.93_Moral_Rights

Part of the process of porting version 3.0 to Canada will have to
involve discussions about this issue. While we have not yet worked out a
timeline for porting the licence, work will begin this Summer and I 
invite  anybody who is interested in Canadian CC licences in general and 
moral rights in CC in particular to contribute their comments here.

Cheers,
Andy

--
Andy Kaplan-Myrth, LL.B., M.A.
Project Lead, Creative Commons Canada
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email: andy AT creativecommons.ca
web: http://www.creativecommons.ca
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