Creative Commons Canada

[Russell McOrmond <russell AT flora.ca>]

Andy Kaplan-Myrth wrote:
> 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.

  I think my contribution is in the archives, but I believe that the 
Commons Deed needs to match the legal language, or the licenses have 
little value.  Given the commons deeds are authored in a country that 
doesn't explicitly have "Moral Rights", and most specifically the Right 
of Integrity, I believe it does a dis-service for any country with moral 
rights to not do one of:

  a) Use a different commons deed that clarifies the moral rights 
retained by the author (possibly separate from copyright holder).
  b) Require a waiver of moral rights other than the right of attribution.

  Having a license that says you are allowed to use a work and make 
derivatives, except in ways that require you know the author 
(effectively needing to get permission) isn't a very valuable license at 
all.  I find it very frustrating that there are counties that haven't 
adequately dealt with this issue, but I hope that Canada won't just 
follow the pack.

  As to the Kamloops photographer, I don't know that this is a moral 
rights issue.  He clarified that if permission was asked for that it 
would not have been granted on moral reasons, but that is different than 
the moral right of integrity.  It is an answer to those who think that 
his objection is only a matter of money..

  An Attribution-ShareAlike license was used, and clearly this 
publication was not in the same license and thus was a violation unless 
additional permission were granted (which the author clarified they 
wouldn't have offered).

> Cheers,
> Andy

--
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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