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  • From: Florian Philapitsch <florian.philapitsch AT wu-wien.ac.at>
  • To: Francois Dechelle <francois AT dechelle.net>
  • Cc: cc-europe <cc-europe AT lists.ibiblio.org>
  • Subject: Re: [Cc-europe] cc0 waiver
  • Date: Thu, 17 Apr 2008 17:28:16 +0200

Dear all,

same goes for Austria (and Germany) and almost certainly for every European country.
The reason for this is the difference between the European and the US-American copyright model.
As you all know, in European Law, copyright can be divided in exploitation rights and moral rights. The exploitation rights which are originally exclusive to the author include among others the right of reproduction, communication to the public, distribution, adaptation, fixation, rental and broadcasting. The moral rights (droit morale) stem from French copyright and have been introduced in international copyright law. They include the right to claim authorship of a work and the right to object to any distortion or other derogatory action in relation to the work which would be prejudical to the author’s honour or reputation. Moral rights are independent from the economic rights of an author and can neither be transferred nor waived.
The globL concept of copyright is based on two different approaches: the (continental) European concept stems from naturalistic ideals: a work belongs to it’s creator, the author, he is granted utmost control over his creation. The utilitarian concept of copyright is the core-idea behind Anglo-American copyright law:

As you see, European copyright is also (!) about the "sacred bond" between a creator and his/her works. This bond can not be broken by waiving. This means, CC0 will not work in Europe in any way. IMO this is no bad thing at all, but this is a legal/political discussion of great depth and length :)

Sure, law can evolve, but I highly doubt if the European copyright should evolve in the direction of the merely economically motivated US-model.

kind regards from Vienna,
Florian

Francois Dechelle schrieb:
Dear all,

I think it is impossible as well in France. The idea of a "voluntary
public domain" has been addressed but has raised a clear opposition, for
instance from collecting societies.

I have no idea of other possible solutions. My impression is that, given
the current state of the law, it is not possible, but after all, the law
can evolve?
Best,
François

Le jeudi 17 avril 2008 à 16:43 +0200, Alek Tarkowski a écrit :
Dear all,

I am writing in regard to Mike's announcement of the discussion around CC0 waiver. In Poland such a waiver (that is, a public domain dedication) is not possible by law, I imagine the situation might be similar in other European countries as well.

Somehow this has not been addressed on our list - and I feel uncertain doing it myself, as I am not a lawyer! But personally I would like to know what can be done - is this a good opportunity for us to look for other solutions that would allow such waiving? or to clarify the fact that this is indeed impossible in some jurisdictions?

Cheers,

Alek


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