[cc-community] Germany - NC/CC violation - request for help

Robert Atwood (lists) lists at atwood.org.uk
Tue May 27 18:54:50 EDT 2008


Peter Brink wrote:
> Robert Atwood skrev:
>> Peter Brink wrote:
>>> Robert Atwood skrev:
>>>> Yuval Levy wrote:
>>>>
>>>>> yes, the SA work I did expect to be modified (and some of the people 
>>>>> involved did really fun stuff with it). I do expect the 
>>>>> modifications to be respectful of the original artwork. 
>>>> You may expect all you want! The license does not require that. Since 
>>>> the derivitive  must also  be -sa- then you could take the result and 
>>>> make your own derivative by stenciling 'I think this is a 
>>>> disrespectful   pile of crap' over it or something like that and 
>>>> place it in some other exhibition.
>>>>
>>> The CC licenses does not affect a copyright holders moral rights. 
>>> Yuval is therefore quite correct when he expects respect for the 
>>> artistic integrity of his works.
>> Ok -- a valid point, and I am not very familiar with that aspect, who 
>> gets to decide whether it is 'respectful of the integrity' or not, if 
>> blanket permission for derivative works has been given already? To be 
>> ridiculous ... coudld I license something as cc-by-sa , but then  go 
>> ahead and claim for every  derivative that I discover, that it is not 
>> respectful, and prohibit it?
> 
> 
> An authors ability to claim that a given derivative work infringes on 
> his moral rights vary from jurisdiction to jurisdiction. Under Swedish 
> law the key point is if a use of the work interferes with the general 
> public's opinion of the authors reputation. It's somewhat like slander. 
> An example from Swedish case law: a poster of an female artists work was 
> posted next to a adult theatre, that usage was an infringement of the 
> artists moral rights. The general public was at risk of connecting the 
> artist with the contents of the films shown on the theatre, so the usage 
>   was harmful to the artists artistic reputation.

well I can understand that, however I would think that arguing that 
cropping to a different aspect ratio in a derivative work under the -sa- 
license fits in this category is rather far-fetched, does being a member 
of the 4:3 faction carry moral weight against the 16:9 faction?





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