CC licenses and "moral rights"

Peter Brink peter.brink at brinkdata.se
Thu Mar 24 07:23:11 EST 2005


Robin Millette skrev:
> Peter Brink wrote:
> 
> [snip]
> 
>> work, even though such rights are not stated in the license. And even 
>> if the license does state that moral rights are waived, a jurisdiction 
>> may have rules which denies a party the right to waive moral rights, 
>> invalidating that specific part of the license.
> 
> 
> You may not be able to waive your moral rights, but I believe you can 
> promise in writing never to use them. Which would be equivalent, but 
> permitted in all (most ?) jurisdiction.
> 

No, I'm sorry but that is not correct - at least not in Sweden, and I do 
suspect that other European countries have similar rules. A copyright 
holder in Sweden is never bound by a general waiver of moral rights. He 
may only waive his moral rights in a limited fashion. A waiver in a CC 
license would not be considered to be in a limited fashion.

/Peter Brink




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