Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Friday 25 March 2005 02:37 pm, Henri Sivonen wrote:
> 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.

Interesting, but if this is about respecting the person of the artist as has 
been being discussed... You can't trash me while I am alive, but you can drag 
me through the mud when I am gone and my family can't object, even if that 
tends to reduce their standing in society?

I took it to family as I felt that might be a stronger case than the business 
 
successors that you quoted.

Also interesting that the moral rights were held not to be transferrable 
while 
I assume the copyrights were. Especially since it has been pointed out that 
copyrights flow from and rest on moral rights. (My wording from what I think 
I was told.)

all the best,

drew