[d@DCC] Making Available and implicit licenses
Chris_Brand at spectrumsignal.com
Tue Aug 16 18:12:18 EDT 2005
The other morning I put together the concept behind the
"Right of Making Available to the Public" and the discussions
we've had on this list about the idea that putting a work
online where anyone can get at it has to be an implicit
license to at least reproduce the work.
"Putting it online where anyone can get at it" is a reasonable
description of "the right of making available to the public",
so if we're going to add the former to our Copyright Act, why
not take the opportunity to clarify the default license at
the same time by saying that if you exercise your "right to make
available to the public", you are authorising reproduction (but
not distribution) of the work by the public.
i.e. if you decide to put something online, you can't then
complain if it gets copied or printed.
This seems more balanced than just granting a new right to
copyright holders and it would bring clarity to all the
issues of caching, downloading, etc.
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