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cc-licenses - CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: "Peter Knupfer, H-Net" <peter AT mail.h-net.msu.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Cc:
  • Subject: CC licenses and "moral rights"
  • Date: Fri, 18 Mar 2005 14:25:50 -0500

How does the CC by-attribution/noncommercial/noderivatives license affect a licensor's exercise of moral rights in a text? Although such moral rights do not exist under US law, except for certain audiovisual works, authors who reserve all rights can effectively prevent misuse of their work in, say, a collective work, by simply refusing permission. An example I'm thinking of is an account written by a Holocaust survivor used in a collection filled with works by Holocaust deniers, where the weight of the material clearly supports a viewpoint utterly at odds with the author's moral and intellectual principles, and the inclusion of the survivor's piece is intended either as a bait-and-switch to attract readers or simply as a token exception that proves the larger thesis. Under the CC license mentioned above, the author has granted such a use. Outside the license, the author can refuse permission. Is this a correct interpretation of the license?

thank you,

Peter


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Prof. Peter Knupfer
Executive Director
H-Net: Humanities & Social Sciences Online
310 Auditorium Bldg
Michigan State University
East Lansing, MI 48824
FAX: +517 355 8363
Voice: +517 355 9300
Email: peter AT mail.h-net.msu.edu
http://www.h-net.org
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