Development of Creative Commons licenses

[Henri Sivonen <hsivonen AT iki.fi>]

On Mar 25, 2005, at 12:06, Peter Brink wrote:
> Moral rights cases are relatively (relative to Europe) common in 
> Sweden. Some examples:

For comparison, I searched the decisions of the Finnish Supreme Court. 
I found five cases that involved moral rights. In all of them, the 
plaintiff claimed both a copyright infringement and a violation of 
moral rights. (Well, one of the cases was not about copyright proper 
but about the right to a photograph, which is a copyright-like Nordic 
concept.)

In three of the cases, the court found in favor of the plaintiff on the 
count a copyright infringement but found that the moral rights had not 
been violated. In the fourth case, the courts seemed to dodge the issue 
of moral rights, because the court found that a copyright infringement 
had occurred. In the fifth case, the issue of moral rights (the right 
of photographer to get attribution) was left unexamined, because the 
photographer was already dead and the court found that the moral rights 
were untransferable and, therefore, the successors of the 
photographer's business had no standing to enforce the moral rights.

Based on these cases, it seems to me that moral rights claims attached 
as extras to cases that are really about copyright infringement don't 
fly.

IANAL, etc.

For the interested (abstracts available in Swedish as well):
http://www.finlex.fi/fi/oikeus/kko/kko/1988/19880082
http://www.finlex.fi/fi/oikeus/kko/kko/1992/19920063
http://www.finlex.fi/fi/oikeus/kko/kko/1987/19870016
http://www.finlex.fi/fi/oikeus/kko/kko/1994/19940099
http://www.finlex.fi/fi/oikeus/kko/kko/1995/19950124

--
Henri Sivonen
hsivonen AT iki.fi
http://hsivonen.iki.fi/