Creative Commons Canada

[Andy Kaplan-Myrth <techlaw AT uottawa.ca>]

Hi,

Russell McOrmond wrote:
>   I tend to just use the US licenses when I'm the one setting the
> license.  If I ever get sued I hope I'll find a lawyer that will try to
> convince a judge to interpret the license the way it would be in the US,
> which is without a right of integrity at all.  

I don't know whether that argument will be successful or not, but note 
that even the US version of the 3.0 licence explicitly retains moral 
rights now:

> 4(f)  Except as otherwise agreed in writing by the Licensor or as may be
> otherwise permitted by applicable law, if You Reproduce, Distribute
> or Publicly Perform the Work either by itself or as part of any
> Adaptations or Collections, You must not distort, mutilate, modify or
> take other derogatory action in relation to the Work which would be
> prejudicial to the Original Author's honor or reputation. Licensor
> agrees that in those jurisdictions (e.g. Japan), in which any
> exercise of the right granted in Section 3(b) of this License (the
> right to make Adaptations) would be deemed to be a distortion,
> mutilation, modification or other derogatory action prejudicial to
> the Original Author's honor and reputation, the Licensor will waive
> or not assert, as appropriate, this Section, to the fullest extent
> permitted by the applicable national law, to enable You to reasonably
> exercise Your right under Section 3(b) of this License (right to make
> Adaptations) but not otherwise.

Cheers,
Andy

--
Andy Kaplan-Myrth LL.B., M.A.
Manager, Law & Technology, University of Ottawa

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