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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 Brink <peter.brink AT brinkdata.se>
  • 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 13:31:25 +0100

drew Roberts skrev:
For those ignorant on moral rights issues, in countries where they apply, are they generally created by the copyright laws or by independant moral rights laws or some ohter way?


Moral rights are a part of the copyright and thus regulated by copyright law.

This is a statement which I believe from my reading, big boys in the Free Software world would disagree with and I am not talking about the "Open Source" issue.


A Open Source license is a contract, the provisions of which are governed by contract law - not copyright law. The terms of the license grants the licensee the right to exercise rights he would not have under copyright law. The work being licensed is still protected by copyright law and any use not mentioned in the license is thus still governed by copyright law.

So, tou your understanding, could that US copyright holder, bring a moral rights suit in Europe againse a fellow US citizen who has never been to Europe?


This is a somewhat theoretical case but to the best of my knowledge:

What matters is where the work has been published. If a US citizen publishes a book in France and another US citizen claims that the book is an infringement the later most likely may sue the former in both the US and in France. Under French law he would then be able to assert moral rights.







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