/
draft.txt
93 lines (71 loc) · 4.12 KB
/
draft.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
= Copyright Act Draft Proposal =
== Berne Convention and WTO ==
This proposal is not compatible with the Berne convention and thus anyone
implementing it could not (today) join the WTO. This is known. We should not
allow the broken treaties of the past to shape the way we see the future.
== Moral Rights ==
* Be associated with the work as the creator by name, pseudonym, or other
identifier(s) chosen by the creator
== Compensation ==
The creator shall have the right to compensation from uses of his work that:
* Produce, reproduce, perform, publish, or communicate (by telecommunication or
otherwise) the work or substantial portions thereof
* Produce derivative works (such as translations, dramatic interpretations,
novelizations, reuse of substantial character or plot content)
* Produce derivatives in alternate mediums (eBooks, audio books)
Additionally, the fixed form resulting from the fixation of any work (such as a
performer's performance) is considered a work of the creator of the original
work (such as the performer).
The creator MAY dedicate the work to the public domain, thus waiving all of his
sole rights.
These rights are not assignable or transferable and are always the property of
the original creator or his heirs.
The government MAY create compulsory license policies to collect some fixed
amount or fixed amount per use from the user for use in compensating the
original creator. Such policies MUST be such that a private citizen making a
small commercial use of the work could afford it. If such a policy does not
exist, then the user and creator must negotiate compensation.
== Infringement ==
It is an infringement of copyright to do with a work, or to posses or import a
work, or any derivative or substantial part thereof, for the purpose of doing,
without compensating the creator in a manner consistent with this act, any of
those things outlined as a use the creator has a right to compensation for
unless they are covered by one or more of the exceptions listed below.
Service providers (such as ISPs, web hosts, Kinko's, and search engines) shall
not be liable for infringement by their users.
== Term and Registration ==
* The term of copyright lasts 10 years from original date of fixation
* There MUST NOT ever be any retroactive extensions or reduction of the term of
copyright
* Creators have 30 days to register copyright or the work enters the public
domain
** Registration MUST be gratis to the creator
** The government MUST create an archive containing a copy of all registered
works
*** For works which cannot be copied directly (such as painting and sculptures)
a reasonable representation (such as a photograph) shall be sent to the
registry for inclusion in the archive
** Archival copies of works that are derivative of other works in the archive
MUST reference the archive entry for the original work
** The archive MUST NOT make available content that is not in the public domain
without the creator's permission but MUST make date of fixation, author's name,
and other useful metadata (such as title) available
== Copyright Subsistence ==
Copyright subsists in only the fixed form of an original, artistic work.
Facts, ideas, and compilations thereof are not artistic works. Examples of
artistic works include songs, stories, computer software, hardware schematics,
and building blueprints.
== Exceptions ==
Copyright does not subsist in any publicly funded work.
Private noncommercial uses of creativity MUST NOT be considered an
infringement. A noncommercial use is any use undertaken with no motive of gain
and that results in no direct compensation to the user (other than compensation
that covers only the costs of the use to the user). Examples of private
noncommercial uses include: private study, backups, time and format shifting.
Commercial uses or public noncommercial uses MAY be considered non-infringing
if they are:
* Transformative or add substantial value to the original
* Non-substantial in relation to the original work
* Not substantially harmful to the market for the original work
Such uses include most: parody, research, reporting, reviewing, classroom use,
background music at noncommercial events.