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cc-licenses - Re: [cc-licenses] CC 3.01

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: peter.brink AT brinkdata.se, Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC 3.01
  • Date: Mon, 15 Oct 2007 20:00:58 +0100


On 15 Oct 2007, at 19:40, Peter Brink wrote:

Sweden, as does most other countries, only grants foreign
authors those rights that the foreign authors own country grants Swedish
authors. If the US does not grant moral rights to foreign authors then
US authors are not granted any moral rights in Sweden.

Wouldn't doing so actually violate international law in this area? Sweden has been a member of Berne (since 1901), which requires national treatment. Reciprocity is not a principle of Berne.

See Berne article 5

(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

(2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.

(3) Protection in the country of origin is governed by domestic law. However, when the author is not a national of the country of origin of the work for which he is protected under this Convention, he shall enjoy in that country the same rights as national authors.

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P109_16834

~Jordan

____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

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http://www.eduserv.org.uk/foundation/studies/cc2007






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