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cc-licenses - Re: 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>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Thu, 24 Mar 2005 01:00:17 -0500

Rob Myers wrote:

On 18 Mar 2005, at 19:25, Peter Knupfer, H-Net wrote:

How does the CC by-attribution/noncommercial/noderivatives license affect a licensor's exercise of moral rights in a text? [...] 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?


I am not a lawyer, I am not CC.

Yes, you are correct. Some international versions of the licenses explicitly reserve moral rights, but the original licenses are silent on them so they default to the baseline, which is that you have kept and can assert your moral rights.


I guess I don't understand. If you are referring to a "baseline" of US law, there are no recognized moral rights that can be asserted as a legal complaint of infringement. The only way to exercise them in a collective work under the CC license is to demand removal of your name. Otherwise, the CC license specifically permits verbatim reuse without notification or permission. The author therefore doesn't get the chance to refuse permission for whatever reason, if the use is consistent with the license terms. And the author has to know about the use in the first place.

Peter




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