[cc-licenses] CC 3.01

Jordan S Hatcher jordan at opencontentlawyer.com
Mon Oct 15 15:00:58 EDT 2007


On 15 Oct 2007, at 19:40, Peter Brink wrote:

> Sweden, as does most other countries, only grants foreign
> authors those rights that the foreign authors own country grants  
> Swedish
> authors. If the US does not grant moral rights to foreign authors then
> US authors are not granted any moral rights in Sweden.

Wouldn't doing so actually violate international law in this area?  
Sweden has been a member of Berne (since 1901), which requires  
national treatment.  Reciprocity is not a principle of Berne.

See Berne article 5

(1) Authors shall enjoy, in respect of works for which they are  
protected under this Convention, in countries of the Union other than  
the country of origin, the rights which their respective laws do now  
or may hereafter grant to their nationals, as well as the rights  
specially granted by this Convention.

(2) The enjoyment and the exercise of these rights shall not be  
subject to any formality; such enjoyment and such exercise shall be  
independent of the existence of protection in the country of origin  
of the work. Consequently, apart from the provisions of this  
Convention, the extent of protection, as well as the means of redress  
afforded to the author to protect his rights, shall be governed  
exclusively by the laws of the country where protection is claimed.

(3) Protection in the country of origin is governed by domestic law.  
However, when the author is not a national of the country of origin  
of the work for which he is protected under this Convention, he shall  
enjoy in that country the same rights as national authors.

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P109_16834

~Jordan

____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
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http://www.eduserv.org.uk/foundation/studies/cc2007





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