[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

Peter Brink peter.brink at brinkdata.se
Sun Sep 30 05:40:59 EDT 2007


jonathon skrev:
> 
> CC covers Moral Rights as well as can be expected, given that it is
> not a concept that is found in most countries.
> 

On the contrary, it is a concept found in most countries, in fact moral 
rights are stipulated by the Berne Convention:

Article 6bis

[Moral Rights: 1. To claim authorship; to object to certain 
modifications and other derogatory actions; 2. After the author’s death; 
3. Means of redress]

(1) Independently of the author’s economic rights, and even after the 
transfer of the said rights, the author shall have the right to claim 
authorship of the work and to object to any distortion, mutilation or 
other modification of, or other derogatory action in relation to, the 
said work, which would be prejudicial to his honor or reputation.

(2) The rights granted to the author in accordance with the preceding 
paragraph shall, after his death, be maintained, at least until the 
expiry of the economic rights, and shall be exercisable by the persons 
or institutions authorized by the legislation of the country where 
protection is claimed. However, those countries whose legislation, at 
the moment of their ratification of or accession to this Act, does not 
provide for the protection after the death of the author of all the 
rights set out in the preceding paragraph may provide that some of these 
rights may, after his death, cease to be maintained.

(3) The means of redress for safeguarding the rights granted by this 
Article shall be governed by the legislation of the country where 
protection is claimed.

/Peter Brink



More information about the cc-licenses mailing list