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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: drew Roberts <zotz AT 100jamz.com>
  • 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 11:07:57 -0500

On Thursday 24 March 2005 07:23 am, Peter Brink wrote:
> Robin Millette skrev:
> > Peter Brink wrote:
> >
> > [snip]
> >
> >> work, even though such rights are not stated in the license. And even
> >> if the license does state that moral rights are waived, a jurisdiction
> >> may have rules which denies a party the right to waive moral rights,
> >> invalidating that specific part of the license.
> >
> > You may not be able to waive your moral rights, but I believe you can
> > promise in writing never to use them. Which would be equivalent, but
> > permitted in all (most ?) jurisdiction.
>
> No, I'm sorry but that is not correct - at least not in Sweden, and I do
> suspect that other European countries have similar rules. A copyright
> holder in Sweden is never bound by a general waiver of moral rights. He
> may only waive his moral rights in a limited fashion. A waiver in a CC
> license would not be considered to be in a limited fashion.
>

So, to stir it up a little bit here: (using the bsd side of the bsd vs gpl
"controversy") are people in Sweden, where they cannot give a general waiver
of their moral rights, "less free" than people in other countries where they
can do so or where they do not exist and so the people are not restrained by
the law in that area?

Be gentle in you answers if you will. (Take this elsewhere if needed.)

Now, to actually get to some meat...

Do you know of any way in law to accomplish what is wanted with respect to
mortal rights?

all the best,

drew




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