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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 21:46:44 -0500

On Monday 28 March 2005 07:23 pm, Alex Schroeder wrote:
> drew Roberts schrieb:
> >Why would I wan't to run this risk? (If you do respond, please deal with
> > this question specifically.)
>
> You treat moral rights like a big unknown that can be used to silence
> you at any time. This is not true, however. In Switzerland, moral
> rights include the "right to be named the author of a work"

I don't think I can imagine having a problem with this part of it.

> and the
> "right to prevent derivatives that damage your reputation". Those terms
> are not some vague hammer to silence the obnoxious. They are very
> concrete terms. If I write a song for you, you may not claim to have
> written it yourself. If I write a song for you, you may not change the
> words such that it glorifies Hitler (and thus damages my reputation).

Probably should not have gone to a place where someone can invoke Godwin's
Law, and that may be an extreme example. To lessen my concerns, I would need
to know the most minor type of things can be objected to and upheld.

Please note, I do not miss the benefits of moral rights. I can see times when
they could be good to have here. I find it odd that people from countries
with moral rights cannot concieve of the problems (or at least haven't
admitted to in this thread to my recollection) that might be possible.
Doesn't it seem strange to you all that this should be one of the few things
in the world that are all upside and there are no negative aspects?

Also, if someone would be so kind as to respond to the idea I put forth on
the
possibility of crafting a license that would allow an original author to give
a CC BY-SA type liccense where the permissions given would be withdrawn
should an author of a derivative invoke their moral rights? (Is it possible
not is it sensible.)

I think I am going to just need to try and watch how moral rights interact
with CC BY-SA type licenses for a while before I will be willing to take the
chance of investing significant time or money building on the work of an
author from a country with moral laws. (Where the work was [first?] published
in such a country.)

all the best,

drew




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