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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: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Fri, 25 Mar 2005 12:00:51 -0500

On Friday 25 March 2005 09:49 am, Evan Prodromou wrote:
> On Fri, 2005-25-03 at 09:07 -0500, drew Roberts wrote:
> > > Moral rights cases are relatively (relative to Europe) common in
> > > Sweden. Some examples: [...]
> >
> > And if I had commissioned her to paint a mural on my building and
> > subsequently a porn theatre had moved in next door. If she brought the
> > suit and won, would I have to destroy my artwork that I had paid her for,
> > or would the porn theatre be forced to move?
>
> So, are you arguing that moral rights do not exist in European copyright
> law, or that they're wrong-headed? If you win this argument and bend
> your opponent to your will, do you think moral rights in European
> copyright law are going to go away, or what?

No, I am not trying to bend someone to my way of thinking, I am asking how
things work where moral rights are in play. I am trying to learn.

>
> Unless this is going to stay focused on the retention of moral rights in
> CC licenses, I strongly suggest that this conversation move to
> cc-community.

In fact, from what I gather people are saying, where moral rights exist,
their
effects cannot be removed from the CC licenses in any easy manner. One of the
things I am doing is trying to determine if they can be removed/negated in a
difficult manner.

I am also having the discussion to try and determing if I think they should
be
negated, left alone, or even strenghtend.

I am leaning towards megated, at least in the case of the copyleft leaning SA
licenses as a result of what I percieve to be their chilling effects on those
wishing to build on the works of others.

However, I am more than open to being persuaded otherwise.

all the best,

drew




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