CC licenses and "moral rights"
zotz at 100jamz.com
Fri Mar 25 16:45:04 EST 2005
On Friday 25 March 2005 02:37 pm, Henri Sivonen wrote:
> On Mar 25, 2005, at 12:06, Peter Brink wrote:
> > Moral rights cases are relatively (relative to Europe) common in
> > Sweden. Some examples:
> For comparison, I searched the decisions of the Finnish Supreme Court.
> I found five cases that involved moral rights. In all of them, the
> plaintiff claimed both a copyright infringement and a violation of
> moral rights. (Well, one of the cases was not about copyright proper
> but about the right to a photograph, which is a copyright-like Nordic
> In three of the cases, the court found in favor of the plaintiff on the
> count a copyright infringement but found that the moral rights had not
> been violated. In the fourth case, the courts seemed to dodge the issue
> of moral rights, because the court found that a copyright infringement
> had occurred. In the fifth case, the issue of moral rights (the right
> of photographer to get attribution) was left unexamined, because the
> photographer was already dead and the court found that the moral rights
> were untransferable and, therefore, the successors of the
> photographer's business had no standing to enforce the moral rights.
> Based on these cases, it seems to me that moral rights claims attached
> as extras to cases that are really about copyright infringement don't
Interesting, but if this is about respecting the person of the artist as has
been being discussed... You can't trash me while I am alive, but you can drag
me through the mud when I am gone and my family can't object, even if that
tends to reduce their standing in society?
I took it to family as I felt that might be a stronger case than the business
successors that you quoted.
Also interesting that the moral rights were held not to be transferrable while
I assume the copyrights were. Especially since it has been pointed out that
copyrights flow from and rest on moral rights. (My wording from what I think
I was told.)
all the best,
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