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[Francois Dechelle <francois AT dechelle.net>]

Thank you very much for the clear explanation.

When I was saying that the law can evolve, I was not suggesting at all
that it should evolve toward the US-model, I was just asking if it would
be possible to consider within the European model the possibility of a
"voluntary public domain". It looks like the answer is no, but I may be
wrong?

Best,
François

Le jeudi 17 avril 2008 à 17:28 +0200, Florian Philapitsch a écrit :
> 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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