[cc-community] Re: CC licenses and "moral rights"
email at greglondon.com
Tue Mar 29 11:47:48 EST 2005
Peter Brink said:
> Greg London skrev:
>> So, could you just once not talk about Moral Rights as if they
>> were the holy grail or some such thing?
> I'm merely stating facts.
look man, if your bias is such that you cannot separate
fact from fiction, then you're wasting my time.
"Trying to circumvent moral rights would be good way
to kill off CC in Europe"
"Trying to go around this protection is not going
to make the license look very tempting to most creators,
a few probably wouldn't mind but the larger part of the
possible users of a CC license (in moral rights countries)
are going to scared away."
Unless you speak for all Europe, "most creators", or
the "larger part of possible users", then you're just
taking your fear and projecting it onto all of Europe.
So, you have a history that goes beyond
'merely stating facts', and if you ever
acknoledged your statements had overstepped
hard facts, then I missed it.
You don't want to give up your moral rights.
That's clear. And it's also your choice.
Some authors don't want to give up their commercial rights.
That's their choice too.
If you don't want to give it up, fine.
But don't tell me "I'm merely stating facts"
after speaking for all of Europe and
never following up with "oh, I really meant ___"
The laws around Copyrights and Moral Rights are
all or nothing. As soon as you write something,
all the copyright and moral rights to that work
immediately go to the author. Creative Commons
is about creating ways for authors to give up
some, none, or all of their rights to a work.
CC isn't forcing anyone to give up the commercial
rights to their work. They offer a license that
makes it easy for people to do that if that's
what they want to do.
It isn't about trying to "trick people" into
anything. It's about making options available.
And whether or not it would be possible to
create a license that revokes all rights to
a work to anyone who exercises their moral
rights over the work, I don't know.
drew's suggestion (apparently brought up
by Rob earlier as well), isn't requiring
anyone to waive their moral rights which
supersede their copyrights. It's saying
I grant anyone the right to this work
as long as they don't exercise their moral
rights on it. They can still exercise it,
but then they lose the rights to the work.
Sound feasible to me.
Unless european contract law in europe goes
so far as to prohibit me from picking and
choosing who I license my work to.
Does European law tell me I cannot pick and
choose who gets rights to my work?
And, speaking for myself, any legal advice you
offer on the subject is highly suspect at
the moment. You clearly do not want it
and have prophesized the doom of CC if they
continue down this path.
So your bias does not give me cause to trust
that you are presenting a wholly objective
interpretation on the law around this subject.
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