CC licenses and "moral rights"
zotz at 100jamz.com
Thu Mar 24 09:03:14 EST 2005
On Thursday 24 March 2005 07:31 am, Peter Brink wrote:
> drew Roberts skrev:
> > For those ignorant on moral rights issues, in countries where they apply,
> > are they generally created by the copyright laws or by independant moral
> > rights laws or some ohter way?
> Moral rights are a part of the copyright and thus regulated by copyright
Thank you for the answer
> > This is a statement which I believe from my reading, big boys in the Free
> > Software world would disagree with and I am not talking about the "Open
> > Source" issue.
> A Open Source license is a contract, the provisions of which are
> governed by contract law - not copyright law. The terms of the license
> grants the licensee the right to exercise rights he would not have under
> copyright law. The work being licensed is still protected by copyright
> law and any use not mentioned in the license is thus still governed by
> copyright law.
I understand that this is what you are saying, but I will say again - This is
a statement which I believe from my reading, big boys in the Free
Software world would disagree with and I am not talking about the "Open
I think I have seen claims on numerous occasions and I think from people on
the inside of the FSF, etc. that the GPL is a license and not a contract. I
understand that you are denying that they would be correct in their views,
but are you denying that these views are held at all or that I am mistaken in
thinking people in the know (on the inside) hold these views.
> > So, tou your understanding, could that US copyright holder, bring a moral
> > rights suit in Europe againse a fellow US citizen who has never been to
> > Europe?
> This is a somewhat theoretical case but to the best of my knowledge:
> What matters is where the work has been published. If a US citizen
> publishes a book in France and another US citizen claims that the book
> is an infringement the later most likely may sue the former in both the
> US and in France. Under French law he would then be able to assert moral
I was not talking copyrights in general but moral rights. Also not books but
say a sculpture. Also, US citizen A lives in a moral rights country for a
time. While there he creates and sells a sculpture to a citizen of the
country where he is living. Later he moves back to the US. Later the
purchaser sells the sculpture to US citizen B who ships it back to the US.
(Put more third parties in the middle if needed.)
So, to your understanding, could US citizen A bring a moral rights suit in the
country of creation againse fellow US citizen B who has never been to taht
all the best,
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