[cc-community] Re: CC licenses and "moral rights"
zotz at 100jamz.com
Tue Mar 29 09:03:40 EST 2005
On Tuesday 29 March 2005 08:19 am, Peter Brink wrote:
> drew Roberts skrev:
> > So you think if I crafted a license where the original author granted a
> > BY-SA type license to make derivatives so long as the maker of
> > derivatives did not invoke their moral rights, but that if they should
> > invoke their moral rights anywhere, they would lose the rights the
> > original author granted under the license, that such a license would be
> > held invalid in Europe?
> A creator of a original work or derivative work under such a license in
> Europe would still be entitled to moral rights in those jurisdictions
> who honor them.
> Remember - moral rights are mandatory. In Sweden a condition in a
> contract which violates a mandatory law or rule is by default considered
> being unlawful. Ergo - you would not be able to enforce such a condition
> in court. Designing a license knowing that it might be in part
> considered unlawful is a bad idea, not to mention that it would stain
> the reputation of CC.
> IMO it is not possible to get around moral rights! Which is precisely
> what the law makers intended...
You may be right, but let me try again.
I craft a license which lets people use my work in a BY-SA manner at no cost
so long as they have not asserted their moral rights their derivative or
adaptation, but that a payment for the use of my work in the amount of X is
due to me should they assert their rights.
I other words, I will not try and deny them their rights, only charge them for
the rights to my work should they choose to assert their rights.
Again, please note, I am not saying I think these sorts of games are wise or
sensible to put into play, I am just trying to understand what is possible at
> > They would force the original author to give rights to their work
> > under conditions which they did not agree with?
> Yes. Since the original author included unlawful terms in the contract
> he will be forced to accept a contract under different terms than he
> /Peter Brink
I understand that unlawful parts of contracts get thrown, just having a
problem understand why this would be held to be unlawful. I can see that it
would be possible to create such a law though.
So it seems to become more important to understand how predictable moral
rights claims are.
all the best,
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