[cc-community] Lawyers Discussing CC License For Their Blog
peter.brink at brinkdata.se
Fri Apr 8 06:07:18 EDT 2005
drew Roberts skrev:
> I am not saying that I think this would be a good idea, but I put it forward
> before and no one commented as to the possibility.
> Now, what if you design the license such that when they do assert their moral
> rights in such countries that they suffer consequences in other countries?
> (Whether they win or lose in the courts of the moral rights country.)
> Especially in relation to works they have made that are not original to
> themselves but are derivatives or adaptations.
That is an undue condition. In Sweden such a condition would likely be
seen as an attempt to circumvent a mandatory law, and (IMHO) a Swedish
court would find such a term unlawful per se.
> I fly you to America and get you to sign a transfer of copyright to me to be
> held in escrow by a lawyer and to sign a contract that stipulates that if you
> ever assert your moral rights to the work in question anywhere on anyone,
> that the assignment gets handed over to me (worldwide rights) and that you
> owe me $X dollars where, as you can see X is big, not little (x)... (ok, it
> is a poor joke.)
> How would such a situation likely unfold?
With you ending up in jail? ;)
Forcing an agreement on someone where he has to sign over property to
you and forcing wide ranging conditions on the same person is not going
to hold up in a court. The arrangement you describe is in fact a "pactum
turpe", an indecent agreement, an agreement which at least a Swedish
court would refuse to arbitrate.
More information about the cc-community