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

Andy Kaplan-Myrth techlaw at uottawa.ca
Sun Oct 21 08:26:38 EDT 2007


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’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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