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  • From: Paul Keller <pk AT kl.nl>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 3.01 moral rights question and proposal
  • Date: Sun, 21 Oct 2007 11:16:49 +0200

On Oct 20, 2007, at 3:32 PM, Andy Kaplan-Myrth wrote:

Could somebody clarify what CC's position is on Moral Rights in
countries where they can be waived?

not sure if this really is an official CC's position (given that is was written by the CC's GC is would assume that it is) but this document provides some background on this discussion and the canadian situation is mentioned multiple times. please be aware that this text is mainly about the treatment of Moral Rights in 3.0 Jurisdiction licenses and not about the treatment in 3.0 unported which we are supposed to be discussing here:

http://wiki.creativecommons.org/ Version_3#International_Harmonization_.E2.80.93_Moral_Rights

also it might be worth looking at the relevant section of the CCi versioning checklist:

(g) Include an express moral rights acknowledgement

If your jurisdiction licenses do not already have an express acknowledge that moral rights are retained by the licensor, please make sure to include an express acknowledgement that moral rights are retained along lines similar to the one included in the Unported license (please adjust as makes sense for your jurisdiction). This should be included as a new subparagraph to Section 4 (ie. as Section 4(c) in BY, Section 4(d) in BY-SA etc.):

Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or
Publicly Perform the Work or any Adaptations or Collections, You must
not distort, mutilate, modify or take other derogatory action in relation to
the Work which would be prejudicial to the Original Author’s honor or
reputation.

If in your jurisdiction, it is not possible to make any change to a work without infringing moral rights (ie. in Japan), please include an additional statement (in those licenses that permit derivative works (BY, BY-SA, BY-NC, BY-NC-SA)) similar to that included in the Unported license but adjusted to your jurisdiction:

Licensor agrees that in those jurisdictions (e.g. Japan), in which any
exercise of the right granted in clause 3(b) of this License (the right to
make Adaptations) would be deemed to be a distortion, mutilation,
modification or other derogatory action prejudicial to the Original
Author’s honor and reputation, the Licensor will waive or not assert, as
appropriate, this clause, to the fullest extent permitted by the applicable
national law, to enable You to reasonably exercise Your right under clause
3(b) of this License (right to make adaptations) but not otherwise.

it seems that both documents imply all jurisdictions that recognize the moral right of integrity will have to expressly retain that right in the Legal Code to the extent that this is feasible given the status of derivative works under the license. Guess that includes Canada as well.

best,
paul

--
paul keller | kennisland
t +31205756720 | e: pk AT kl.nl | www.kennisland.nl







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