[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
peter.brink at brinkdata.se
Sun Sep 30 05:40:59 EDT 2007
> 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:
[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.
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