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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: Fri, 25 Mar 2005 15:42:46 +0100

drew Roberts skrev:

I think it is a stretch too, but I am still in court having to defend myself. Now, perhaps the lawsuit game is played differently in your country than in the US, but this looks like serious problems for the US. You could be harrassed endlessly.


Moral rights is not (such) an issue in the US. A discussion on how to solve moral rights issues with CC licenses is not likely to be very meaningful based on US law...


Question, could a rich man with a grudge buy up all of the artworks of a particular, say sculptur, and destroy them all?

Legally that is.

Well the rule is that if you own a copy of a work then you may do whatever you like with it. Some works only exist as a original (buildings, paintings and sculptures are good examples), and then it's reasonable that the artist could object. In your example I guess that if the artist became aware of the project he could try to stop it. If the artwork already had been destroyed, I think that in some jurisdictions (France for example) the artist would have a case. But this is a rather esoteric case.


/Peter Brink






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