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