Development of Creative Commons licenses

[Paul Keller <pk AT kl.nl>]

On Oct 20, 2007, at 3:32 PM, Andy Kaplan-Myrth wrote:

> Could somebody clarify what CC's position is on Moral Rights in
> countries where they can be waived?

not sure if this really is an official CC's position (given that is  
was written by the CC's GC is would assume that it is) but this  
document provides some background on this discussion and the canadian  
situation is mentioned multiple times. please be aware that this text  
is mainly about the treatment of Moral Rights in 3.0 Jurisdiction  
licenses and not about the treatment in 3.0 unported which we are  
supposed to be discussing here:

http://wiki.creativecommons.org/ 
Version_3#International_Harmonization_.E2.80.93_Moral_Rights

also it might be worth looking at the relevant section of the CCi  
versioning checklist:

> (g) Include an express moral rights acknowledgement
>
> If your jurisdiction licenses do not already have an express  
> acknowledge that moral rights are retained by the licensor, please  
> make sure to include an express acknowledgement that moral rights  
> are retained along lines similar to the one included in the  
> Unported license (please adjust as makes sense for your  
> jurisdiction).  This should be included as a new subparagraph to  
> Section 4 (ie. as Section 4(c) in BY, Section 4(d) in BY-SA etc.):
>
> > 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 or 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.
>
> If in your jurisdiction, it is not possible to make any change to a  
> work without infringing moral rights (ie. in Japan), please include  
> an additional statement (in those licenses that permit derivative  
> works (BY, BY-SA, BY-NC, BY-NC-SA)) similar to that included in the  
> Unported license but adjusted to your jurisdiction:
>
> > Licensor agrees that in those jurisdictions (e.g. Japan), in which  
> > any
> > exercise of the right granted in clause 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 clause, to the fullest extent permitted by the  
> > applicable
> > national law, to enable You to reasonably exercise Your right  
> > under clause
> > 3(b) of this License (right to make adaptations) but not otherwise.

it seems that both documents imply all jurisdictions that recognize  
the moral right of integrity will have to expressly retain that right  
in the Legal Code to the extent that this is feasible given the  
status of derivative works under the license. Guess that includes  
Canada as well.

best,
paul

--
paul keller | kennisland
t +31205756720 | e: pk AT kl.nl | www.kennisland.nl