[cc-community] Re: CC licenses and "moral rights"
email at greglondon.com
Mon Mar 28 08:58:18 EST 2005
Peter Brink said:
> 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.
Whether or not moral rights can be waived as part of a CC license option,
I do not know. I assume in the more democratic countries that anything
is possible if the people will it. But that's a matter for the citizens
of each individual country to decide. I won't decide for them.
I will, on the other hand, assert that if such a blanket waiver were
possible, then CC ought to OFFER it as a license OPTION.
In the US, "Attribution" is considered a moral right by some.
The label is irrelevant to me. The point being that authors
should be able to select a CC license that waives attribution.
It is currently "ON" by default, and unclear as to how to turn it "OFF".
Someone can waive the commercial rights to their work and contribute
them to teh world with a simple CC-SA license, but I'll be damned
if there's an easy way for them to waive their attribution rights.
Whether waiving moral rights will "scare off many prospective users"
is irrelevant to whether or not CC should offer the option
within their menu of licenses. If someone is "scared off"
then they should keep that right.
Some countries may not allow a blanket waiver, that's democracy.
But countries that DO allow blanket waivers ought to be able to
have a license option that lets them exercise that waiver because
that's a result of democracy too.
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