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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: Mon, 28 Mar 2005 09:44:47 -0500

On Monday 28 March 2005 07:13 am, Peter Brink wrote:
> drew Roberts skrev:
> > Why should I? Why should one tradition yield to the other? I may have to
> > leave you to play your game wihtout me, but you certainly can't insist I
> > play by your rules with my creations. Think about what you said.
>
> Leaving out moral rights will not "force" moral rights upon those that
> live in jurisdictions that doesn't honor them. My point was that you
> will hardly be able to circumvent moral rights in Europe, trying to will
> only create problems for CC.
>
> > It seems thet what these discussion are showing is that the two
> > traditions (are there others around the world?) are uneasy with working
> > under the rules of the other.
>
> That's a fair statement.

Thanks, I am trying to be fair minded in all of this and to learn as much as
I
can.

> There's has been quite a few clashes between
> the US and Europe over copyright related issues over the years. There
> are still differences. Moral rights and works for hire are two that are
> probably not ever going to be solved.
>
> > It seems to me that ignoring this issue and hoping it will go
> > away if left alone is just a time bomb for the Creative Commons. Where am
> > I wrong in this thinking?
>
> I'm not so sure this is such a great problem, but then I don't see a
> problem with moral rights as such...

It may not be. Here is the main problem I see. I spend a lot of my time and
money creating a derivative work based on someonelse'w work that they have
chosen to license under say a CC BY-SA license. When I finish, I am thrilled,
I think this is my best work ever. Now they come along, after te fact, and
prevent me from distributing my creation (I know it is based on theirs and so
they have a hand in the creation as well - after all, that is what we are
promoting, isn't it?) an moral rights issues?

Why would I wan't to run this risk? (If you do respond, please deal with this
question specifically.)

>
> Btw have you browsed the iCommons licenses? It's quite interesting to
> see just what changes to the language of the CC licenses has been deemed
> necessary to make them enforceable in different jurisdictions.
>
> /Peter Brink

Not yet, I expect I will get there however.

all the best,

drew




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