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cc-licenses - Re: [cc-community] 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-community] Re: CC licenses and "moral rights"
  • Date: Mon, 28 Mar 2005 10:14:57 -0500

On Monday 28 March 2005 08:58 am, Greg London wrote:
> Peter Brink said:
> > Licenses that are designed to circumvent moral rights are also not IMHO
> > going to "sell" very well. Moral rights are an important matter in
> > Europe, you will probably scare off many prospective users by
> > introducing such licenses.
>
> Whether or not moral rights can be waived as part of a CC license option,
> I do not know. I assume in the more democratic countries that anything
> is possible if the people will it. But that's a matter for the citizens
> of each individual country to decide. I won't decide for them.
>
> I will, on the other hand, assert that if such a blanket waiver were
> possible, then CC ought to OFFER it as a license OPTION.
>
> In the US, "Attribution" is considered a moral right by some.
> The label is irrelevant to me. The point being that authors
> should be able to select a CC license that waives attribution.
> It is currently "ON" by default, and unclear as to how to turn it "OFF".
>
> Someone can waive the commercial rights to their work and contribute
> them to teh world with a simple CC-SA license, but I'll be damned
> if there's an easy way for them to waive their attribution rights.
>
> Whether waiving moral rights will "scare off many prospective users"
> is irrelevant to whether or not CC should offer the option
> within their menu of licenses. If someone is "scared off"
> then they should keep that right.
>
> Some countries may not allow a blanket waiver, that's democracy.
> But countries that DO allow blanket waivers ought to be able to
> have a license option that lets them exercise that waiver because
> that's a result of democracy too.
>

I agree that all of the options should have toggles and not just some.

Further up the chain, I was asking if even more was possible. I am not asking
if it would be sensible, just possible.

Can the original author word a license in such a way that makers of
derivatives lose their rights to publish the derivatives if they assert their
moral rights over said derivative?

all the best,

drew




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