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


%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 




More information about the cc-licenses mailing list