Copyright laws get flexible
By DAVID CANTON — London Free Press – October 9 2004
Copyright law says no one can copy something created by another — such as an article, book, photograph, website, song or video — without the author’s express permission. The Creative Commons project (creativecommons.org) makes it simpler for authors to give permission for certain uses without having to be asked specifically.
It is a way for authors to publish with some rights reserved rather than all rights reserved.
A version of the creative commons licence expressly tailored for Canadian law has just been released.
With a creative commons licence, people can reuse ideas, words, images and music without seeking the author’s permission, which has already been given in a way that is easy for users to find and understand.
To use the creative commons licence, an author goes to the website and checks off a few questions. After completing the questions, the author gets three things.
- The first is a commons deed — a short, plainly explained summary of the licence.
- The second is a legal code that includes the fine print that ensures the licence is valid under applicable laws.
- Lastly, the author gets a digital code — a machine- readable translation of the licence that helps search engines and computer applications identify the author’s work by its terms of use.
The author is not giving up his or her copyright, merely offering some rights to the public under conditions.
There are four conditions authors can attach to their licence in any combination they desire.
- The first is called attribution. Under this, the author agrees to let others copy, distribute, display and perform the copyrighted work and derivative works, but only if they give the author credit.
For example, an author publishes a photograph with an attribution licence. Someone else can incorporate the photograph in their own work, but must clearly indicate the original author’s authorship.
- The second condition is noncommercial. The author lets others copy, distribute, display and perform their work and derivative works, but only for non-commercial purposes.
If a person incorporates an original author’s photograph into his or her own work, they cannot sell the image without the author’s permission.
- Third is the “no derivative works” condition. An author choosing this will allow others to copy, distribute, display and perform only the verbatim copies of her work. No derivative works are permitted.
For example, an author licenses a recording of a song with a such a condition. Another artist cannot mix the original author’s song with another to produce a new song without the original author’s permission.
- Fourth, authors can choose the “share alike” condition. With this, an author allows others to distribute derivative works, but only under a licence identical to the one governing the original work.
For example, an author licenses a photograph under the non-commercial and share alike terms. Someone else who has incorporated that photograph into his own work can offer that integrated work to the world on the same terms as the original author, under the non-commercial and share alike conditions.




