[cc-community] Lawyers Discussing CC License For Their Blog

drew Roberts zotz at 100jamz.com
Thu Apr 7 20:52:43 EDT 2005


On Thursday 07 April 2005 09:51 am, Peter Brink wrote:
> Rob Myers skrev:
>  > There must be a hack doable around moral rights,
>  > but unless a license that breaks if you use your
>  > rights is possible, possibly not within CC.
>
> Any condition in a contract that tries to circumvent moral rights is
> going to be difficult to defend in court. In most cases such terms will
> be held to be unlawful per se.

I am not saying that I think this would be a good idea, but I put it forward 
before and no one commented as to the possibility.

For the sake of argument, let's accept the fact that you can't contract or 
license away moral rights in a moral rights country and that the courts in 
such countries will find for the authors moral rights if they are violated no 
matter what licenses or contracts are in place. Great.

Now, what if you design the license such that when they do assert their moral 
rights in such countries that they suffer consequences in other countries? 
(Whether they win or lose in the courts of the moral rights country.) 
Especially in relation to works they have made that are not original to 
themselves but are derivatives or adaptations.

I fly you to America and get you to sign a transfer of copyright to me to be 
held in escrow by a lawyer and to sign a contract that stipulates that if you 
ever assert your moral rights to the work in question anywhere on anyone, 
that the assignment gets handed over to me (worldwide rights) and that you 
owe me $X dollars where, as you can see X is big, not little (x)... (ok, it 
is a poor joke.)

How would such a situation likely unfold?

all the best,

drew



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