Development of Creative Commons licenses

["Glenn Otis Brown" <glenn AT creativecommons.org>]

One thing about moral rights: by definition, they almost always apply
whether the artist has agreed to contract to protect them or not. They
are paternalistic laws in many cases not even subject to consensual
waiver. So including them in these licenses, which are only about
copyright, would be a nice gesture, but superfluous in most cases.

That said, through our iCommons process, we're asking our project leads
to look into the moral rights rules in that particular iCommons country
and adjust the licenses accordingly, but only if need be.

We've also considered making the attribution option a default standard
option in the licenses simply because practically no one does NOT choose
attribution, from what we've seen.

So, your point is noted. I'll keep you posted if moral rights questions
or attribution issues come up with our board or in the icommons drafiing
process.

Glenn

On Wed, 20 Aug 2003 15:36:10 +0200, "Lorenzo De Tomasi"
<detomasi.liste AT libero.it> said:
> I think that moral rights (and in particular the 'attribution' right),
> defined in Berne Convention and not ratified by Usa, should be protected
> by
> Creative Commons. My proposal is to insert in each CC license, as
> default,
> the attribution option and the full text of Berne convention regarding
> Moral
> rights.
> 
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> -
> BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
> Paris Text 1971
> Article 6bis
> 
> (1) Independently of the author's economic rights, and even after the
> transfer of the said rights, the author shall have the right to claim
> authorship of the work and to object to any distortion, mutilation or
> other
> modification of, or other derogatory action in relation to, the said
> work,
> which would be prejudicial to his honor or reputation.
> 
> (2) The rights granted to the author in accordance with the preceding
> paragraph shall, after his death, be maintained, at least until the
> expiry
> of the economic rights, and shall be exercisable by the persons or
> institutions authorized by the legislation of the country where
> protection
> is claimed. However, those countries whose legislation, at the moment of
> their ratification of or accession to this Act, does not provide for the
> protection after the death of the author of all the rights set out in the
> preceding paragraph may provide that some of these rights may, after his
> death, cease to be maintained.
> 
> (3) The means of redress for safeguarding the rights granted by this
> Article
> shall be governed by the legislation of the country where protection is
> claimed.
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> -
> 
> In my opinion, also an author who wants to keep his anonymity should be
> protected, so an anonymity option should be included.
> 
> Do you agree?
> 
> Thanks :)
> 
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---------------------
Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.650.723.7572 (telephone)
+1.415.336.1433 (mobile)