[cc-licenses] CC 3.01

Peter Brink peter.brink at brinkdata.se
Mon Oct 15 14:40:25 EDT 2007


Fruggo skrev:
> 
> Another aspect I'm wondering at is what is allowed when there are more
> jurisdictions applicable. The article suggests that an author gains moral
> rights in some jurisdictions, where he hasn't got them in his own country
> (jurisdiction). This is caused by the part "jurisdiction in which the moral
> right of integrity exist". If that juridisdiction is the jurisdiction where
> the work is used, than suddenly moral rights have to be respected although
> in his own jurisdiction, the author might not have moral rights at all. I'm
> not sure that's the intention of the license.
> 

Copyright law is always national. A French authors work(s), published in 
France, will be protected by Dutch laws in the Netherlands, German laws 
in Germany etc. Since the license lets moral right be it would seem that 
an author from for example the US would gain moral rights when asserting 
his rights in, let say, Sweden. However, that is not necessarily the 
case... 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. Since it's quite 
possible to discriminate once own authors and give foreign authors 
*more* rights than native authors, one would have to check the copyright 
legislation of both the country offering protection (the "jurisdiction 
in which the moral right of integrity exist") *and* the rules of the 
country in which the licensor lives to be able to know whether or not 
the license lets a licensor gain moral rights or not.

/Peter Brink



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