Skip to Content.
Sympa Menu

cc-licenses - Re: CC licenses and "moral rights"

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • 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 18:41:47 -0500

On Thursday 24 March 2005 02:25 pm, Peter Knupfer, H-Net wrote:
> Greg London wrote:
> > Rob Myers said:
> >>I've seen moral rights brought up in a real debate on the licenses in
> >>the context of preventing racist groups mis-using images of immigrants
> >>arriving in the country.
> >
> > I know of no real-world case where Moral Rights were used.
>
> Used how? They're "used" all the time if someone refuses permission
> because she believes the use will damage her reputation. She doesn't
> have to give an excuse or explanation. If by use you mean "as a legal
> foundation for a claim of infringement," then you won't find many, if
> any, cases in US case law. But you'll find them all over Europe, where
> the Berne Convention and WIPO default to jurisdictions whose national
> laws do recognize moral rights as a legal basis for a claim of
> infringement.
>
OK,

so in my country and I understand in the US you can face jail time for
copyright violations.

How do things work in moral rights countries?

If I build on a person's CC work that permits derivatives? They can bring a
suit on morals rights. Can I face jail for violating their moral rights?

all the best,

drew




Archive powered by MHonArc 2.6.24.

Top of Page