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cc-licenses - Re: [cc-licenses] Moral rights in Creative Commons licenses

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Subject: Development of Creative Commons licenses

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  • From: Javier Candeira <javier AT candeira.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Moral rights in Creative Commons licenses
  • Date: Tue, 02 Oct 2007 00:13:48 +1000

Rob Myers wrote:
> Javier Candeira wrote:
>
>> Mentioning moral rights and pseudo-waiving them where applicable serves
>> Creative Commons better.
>
> I believe that moral rights are un-waivable in some countries (Germany?)
> so this approach would not work internationally.

They are un-waivable and un-transferable in Spain too. That's why I said
pseudo-waiving: doing some kind of promise or covenant not to exercise them
against someone following the letter of the Creative Commons license.

But after Peter Brink's answer, including the "Lessig on Authors' Rights", I
understand even that covenant would not be feasible.

Cheers,

Javier




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