[cc-licenses] Disclaimers for works of opinion as an incentive to free licensing

Rob Myers rob at robmyers.org
Sat May 5 11:31:00 EDT 2012


On 05/03/2012 10:50 AM, Gisle Hannemyr wrote:
> On 02.05.2012 14:08, Christopher Covington wrote:
>
>>>> On Mon, 30 Apr 2012 14:03:53 +0200 Gisle Hannemyr wrote:
>>> (Some tells me that the USA is different,
>>> but to me, it looks as if moral rights is alive and well,
>>> even in the USA, re:
>>> http://www.rollingstone.com/music/news/jackson-browne-settles-with-gop-over-running-on-empty-ad-use-20090721
>>> )
>
>> My understanding of that case is that after the judge rejected the fair
>> use defense, the two parties settled with each other. The court did not
>> make any ruling upholding moral rights as such.
>
> This is not correct.  Some other disputes about the GOP-campaign
> using songs by "Disgruntled Rockers" were resolved by the GOP
> licensing the songs (this was how a similar conflict with Foo
> Fighters was resolved).  However, in the case of Jackson Browne,
> Browne's moral rights means that the GOP cannot legally use his
> songs, even if they buy a license).

My favorite example of Moral Rights being upheld in the US is the Monty 
Python case:

http://en.wikipedia.org/wiki/Moral_rights_(copyright_law)#In_the_United_States

> If the CC puts a too broad waiver of moral rights into its license,
> it will just make this part of the license (and possibly the whole
> license) illegal in any jurisdiction that is a Berne signatory,
> *including* the USA.

Moral rights are waivable in some jurisdictions (e.g. the UK), but are 
inalienable in others (e.g. Germany).

- Rob.


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