[cc-licenses] CC 3.01

melanie dulong de rosnay melanie.dulong-de-rosnay at cersa.org
Thu Oct 18 16:34:40 EDT 2007

Le 15 oct. 07 à 14:40, Peter Brink a écrit :

> 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.

I'm not sure international private law rules are always that simple.  
(French moral rights applied to one of John Houston's movies).
And the Share Alike CCi interoperability clause makes possible to  
license a derivative work under another CCi country license.

CC France

> 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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