[cc-community] Re: CC licenses and "moral rights"

Peter Brink peter.brink at brinkdata.se
Mon Mar 28 05:47:59 EST 2005


drew Roberts skrev:
> 
> I don't know if I share your confidence that moral rights and CC licenses and 
> US law don't mix though. We are interested in international, cross border 
> collaberation in the commons are we not?
> 

The problem is that European laws will prevent you from constructing an 
enforceable license. The laws are designed to prevent an originator from 
being able to transfer or waive his moral rights. A license which 
contain language that for example forces a downstream user to waive his 
moral rights would not be able to stand in court. It would either be 
declared void in full, or the specific clauses containing the waiver 
would be declared void, in any case you would have an inherently faulty 
license. I don't see any point in CC being associated with licenses that 
  don't work.

Licenses that are designed to circumvent moral rights are also not IMHO 
going to "sell" very well. Moral rights are an important matter in 
Europe, you will probably scare off many prospective users by 
introducing such licenses. To my mind it's just a plain bad idea.


/Peter Brink





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