Skip to content

Commit

Permalink
Change sole rights for right to compensation
Browse files Browse the repository at this point in the history
Result of discussion with tangential.ca, change traditional language
about sole rights to language about compensating creators for uses.
  • Loading branch information
singpolyma committed Apr 13, 2010
1 parent 9bf5311 commit 12e436f
Showing 1 changed file with 17 additions and 14 deletions.
31 changes: 17 additions & 14 deletions draft.txt
Expand Up @@ -6,20 +6,22 @@ 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.

== Sole Rights ==
== Moral Rights ==

The creator shall, under copyright, have the sole right to:
* 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)
* Be associated with the work as the creator by name, pseudonym, or other
identifier(s) chosen by the creator
and to authorize such acts.

Additionally, the fixed form resulting from the fixation of any work (such as a
performer's performance) is the sole creative property of the creator of the
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
Expand All @@ -28,13 +30,19 @@ 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 authorization from the creator, any of those things outlined as a Sole
Right of the creator unless they are covered by one or more of the exceptions
listed below.
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.
Expand Down Expand Up @@ -83,8 +91,3 @@ if they are:

Such uses include most: parody, research, reporting, reviewing, classroom use,
background music at noncommercial events.

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.

0 comments on commit 12e436f

Please sign in to comment.