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cc-licenses - Re: [cc-licenses] Version 3.x question: "this Section"

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Subject: Development of Creative Commons licenses

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  • From: Andy Kaplan-Myrth <techlaw AT uottawa.ca>
  • To: Gisle Hannemyr <gisle AT ifi.uio.no>
  • Cc: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 3.x question: "this Section"
  • Date: Sun, 21 Oct 2007 08:26:38 -0400

Hi Gisle,

Gisle Hannemyr wrote:
Andy Kaplan-Myrth wrote:
Could somebody please clarify what is the intended effect of the second
sentence of the moral rights clause in the 3.x licences? It says the
author waives "this Section" to the extent they need to -- what is that
meant to accomplish?

"this section" is the moral rights section of the license, and what is
meant is that the Original Author waives his or her moral rights, as
(for instance) expressed in the following sentence:

"You must not distort, mutilate, modify or take other derogatory
action in relation to the Work which would be prejudicial to
the Original Author&#8217;s honor or reputation."

Okay, yes, that was my reading of it -- the author waives the moral rights section of the CC licence.

I think that is a mistake in the section that needs to be corrected. In jurisdictions where there are moral rights, waiving a section of a licence would not be the same as waiving moral rights, even if that section describes the right of integrity.

Surely, in order to waive the moral right of integrity, the clause would have to say that the author waived or agreed not to assert their moral right of integrity -- no?

Waiving the section of the licence would only be effective if that section gave the person any rights -- which is exactly the misreading that CC is trying to correct now!

Am I alone in reading it this way?

Cheers,
Andy

--
Andy Kaplan-Myrth LL.B., M.A.
Manager, Law & Technology, University of Ottawa

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