Attribution and Moral rights as default + anonymity option.

Lorenzo De Tomasi detomasi.liste at libero.it
Wed Aug 20 09:36:10 EDT 2003


I think that moral rights (and in particular the 'attribution' right),
defined in Berne Convention and not ratified by Usa, should be protected by
Creative Commons. My proposal is to insert in each CC license, as default,
the attribution option and the full text of Berne convention regarding Moral
rights.

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BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
Paris Text 1971
Article 6bis

(1) Independently of the author's economic rights, and even after the
transfer of the said rights, the author shall have the right to claim
authorship of the work and to object to any distortion, mutilation or other
modification of, or other derogatory action in relation to, the said work,
which would be prejudicial to his honor or reputation.

(2) The rights granted to the author in accordance with the preceding
paragraph shall, after his death, be maintained, at least until the expiry
of the economic rights, and shall be exercisable by the persons or
institutions authorized by the legislation of the country where protection
is claimed. However, those countries whose legislation, at the moment of
their ratification of or accession to this Act, does not provide for the
protection after the death of the author of all the rights set out in the
preceding paragraph may provide that some of these rights may, after his
death, cease to be maintained.

(3) The means of redress for safeguarding the rights granted by this Article
shall be governed by the legislation of the country where protection is
claimed.
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In my opinion, also an author who wants to keep his anonymity should be
protected, so an anonymity option should be included.

Do you agree?

Thanks :)




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