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cc-licenses - Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing
  • Date: Thu, 10 May 2012 18:26:31 +0100

On 05/10/2012 01:29 AM, Ben Finney wrote:

Misrepresenting opinions, to the extent that it should be a legal
offense, is a deceit, not a violation of copyright. What laws cover
deceit? Fraud, defamation, etc. – not copyright.

It's a violation of moral rights under the Berne Convention:

http://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29#Berne_Convention

"Independent of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to the said work, which would be prejudicial to the author's honor or reputation."

Berne is the baseline for international copyright law and therefore for the CC licenses.

- Rob.




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