Development of Creative Commons licenses

["Peter Knupfer, H-Net" <peter AT mail.h-net.msu.edu>]

drew Roberts wrote:
> 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
> _______________________________________________

My sources tell me that within the confines of the CC license in the US, 
for any use that does not require permission (such as incorporation in a 
collective work) or is permitted under the license, the answer is no 
(except for certain audiovisual works that do have limited moral rights 
protections).  Outside of the license, one can exercise moral rights by 
simply refusing permission.

These are fairly serious issues for scholars who are sharing documents 
or putting up preprints that can be snatched and inserted into 
anthologies in ways that distort the original work's meaning.  Writers 
have to take their lumps, of course, but it does mean that the CC 
license can have a significant chilling effect on the sharing of some 
works -- especially culturally-sensitive or highly emotional materials.

Peter