CC licenses and "moral rights"
Peter Knupfer, H-Net
peter at mail.h-net.msu.edu
Fri Mar 18 14:25:50 EST 2005
How does the CC by-attribution/noncommercial/noderivatives license
affect a licensor's exercise of moral rights in a text? Although such
moral rights do not exist under US law, except for certain audiovisual
works, authors who reserve all rights can effectively prevent misuse of
their work in, say, a collective work, by simply refusing
permission. An example I'm thinking of is an account written by a
Holocaust survivor used in a collection filled with works by Holocaust
deniers, where the weight of the material clearly supports a viewpoint
utterly at odds with the author's moral and intellectual principles,
and the inclusion of the survivor's piece is intended either as a
bait-and-switch to attract readers or simply as a token exception that
proves the larger thesis. Under the CC license mentioned above, the
author has granted such a use. Outside the license, the author can
refuse permission. Is this a correct interpretation of the license?
thank you,
Peter
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Prof. Peter Knupfer
Executive Director
H-Net: Humanities & Social Sciences Online
310 Auditorium Bldg
Michigan State University
East Lansing, MI 48824
FAX: +517 355 8363
Voice: +517 355 9300
Email: peter at mail.h-net.msu.edu
http://www.h-net.org
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