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Subject: Development of Creative Commons licenses

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  • From: Andy Kaplan-Myrth <techlaw AT uottawa.ca>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] author's rights over the work under CC
  • Date: Tue, 21 Aug 2007 15:18:46 -0400

Hi,

Canadian and some European copyright laws have two general types of rights -- economic rights and moral rights. Moral rights provide the kind of protection you're talking about.

CC Licences do not create additional rights for the copyright holder. They licence other people to share in those rights. If the law in your jurisdiction does not provide moral rights protection (like in the US), then CC licences will not create them.

Moral rights appear to be enshrined in section 57 of the Copyright Act of 1957:

57. Author's special rights.
57.(1)Author's special rights. Independently of the author's
copyright, and even after the assignment either wholly or partially of
the said copyright, the author of a work shall have the right to claim
the authorship of the work as well as the right to restrain, or claim
damages in respect of,-
(a) any distortion, mutilation or other modification of the
said work; or
(b) any other action in relation to the said work which
would be prejudicial to his honour or reputation.
(2) The right conferred upon an author of a work by sub-section
(1), other than the right to claim authorship of the work, may be
exercised by the legal representatives of the author:

I can't seem to find a similar clause in the Thailand Copyright Act of 1994, searching it for keywords like "integrity", "mutilation" and "moral".

The Indian provision is similar to Canada's moral rights provision, section 14.1 and 14.2 of the Copyright Act: http://laws.justice.gc.ca/en/ShowDoc/cs/C-42/bo-ga:l_I::bo-ga:l_II//en?page=2&isPrinting=false#codese:14_1

As of version 3.0, the guidelines from CC are to retain moral rights in CC licences (not to waive them). CC Canada waived ours in versions 2.0 and 2.5, but will retain them in version 3.0.

Much has been written about this. See especially: http://wiki.creativecommons.org/Version_3#International_Harmonization_.E2.80.93_Moral_Rights

Good luck,

Cheers,
Andy


paola.dimaio AT gmail.com wrote:
Greetings,
just subscribed

In Thailand and India a group of us is working on CC translations, and
we are coming across lots of questions that nobody can understand. So
any help in understanding the licenses is appreciated

How can an author who is licensing their work under CC prevent someone
to use the work
in a way that is not approved by the author (for example to do
something unethical)

Is there a license/clause that allows the author to say 'no you may
not' use my work (in case the use is questionable or unethical) or '
you may use my work under the following conditions' - I see scope for
a section of 'additional clauses' that may be added by an author to a
CC license

please assist

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

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University of Ottawa : Université d'Ottawa
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t. 613/562-5800 x3206
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