CC licenses and "moral rights"
alex at gnu.org
Tue Mar 29 18:09:00 EST 2005
Mike Linksvayer schrieb:
> How is it actually decided what constitutes damage to reputation and
> was does not (e.g., in Switzerland)? Anything the author decides they
> don't like? A legislated standard with a list of reputation-damaging
> associations, presumably including nazism? Up to a judge's discretion
> based on their intepretation of current social norms?
Not being a lawyer I don't know any cases I could cite. I assume that
it is up to the court to decide. The law itself certainly doesn't list
"Selbst wenn eine Drittperson vertraglich oder gesetzlich befugt ist,
das Werk zu ändern oder es zur Schaffung eines Werkes zweiter Hand zu
verwenden, kann sich der Urheber oder die Urheberin jeder Entstellung
des Werks widersetzen, die ihn oder sie in der Persönlichkeit verletzt."
-- Art 11 Ziff 2 URG, http://www.admin.ch/ch/d/sr/231_1/a11.html
"In der Persönlichkeit verletzten" would translate to "hurt in his or
her personality" -- whatever that means exactly.
There's a list of definitions on this page:
http://www.finanztip.de/recht/online/haftung-1.html (also all in
German). It goes into the differences between true statements,
opinions, slander, honor. Some of what they write is this:
- You are protected against true statements if all they intend is to
publicly expose things about a person. The example given is to list the
crimes somebody has committed (in public). You are also protected
against true statements revealing your secrets if you have reasons to
keep them secret. No example is given.
- You are protected against untrue statements in some cases even if they
are not considered slander. The example given is to twist somebody's
words by misinterpreting a citation that is not a word-by-word citation
of what you said. You can protect yourself against this by indicating
that you are attempting an interpretation.
- You are protected against distortions, ie. one-sided or incomplete
reporting. The example given is a report about some suspicion in a
court case. You have to report the points of view in defense of the
It is quite frustrating for me to try and translate legal terms from
German to English. :-(
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