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cc-licenses - Re: CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: "Peter Knupfer, H-Net" <peter AT mail.h-net.msu.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Thu, 24 Mar 2005 14:25:41 -0500

Greg London wrote:
Rob Myers said:

I've seen moral rights brought up in a real debate on the licenses in
the context of preventing racist groups mis-using images of immigrants
arriving in the country.


I know of no real-world case where Moral Rights were used.


Used how? They're "used" all the time if someone refuses permission because she believes the use will damage her reputation. She doesn't have to give an excuse or explanation. If by use you mean "as a legal foundation for a claim of infringement," then you won't find many, if any, cases in US case law. But you'll find them all over Europe, where the Berne Convention and WIPO default to jurisdictions whose national laws do recognize moral rights as a legal basis for a claim of infringement.

regards

Peter




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