Development of Creative Commons licenses

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

On Friday 25 March 2005 03:06 pm, Henri Sivonen wrote:
> On Mar 25, 2005, at 15:58, drew Roberts wrote:
> > I don't doubt you are right, but I think you miss my point and so I
> > think I am
> > also right. "He must prove that his artistic integrity..." and where
> > would he
> > prove it if not in court? And since I do not want to run a real risk of
> > winding up in court, I will not knowingly be building on his work.
>
> For one thing, societies that have moral rights are generally less
> litiguous and rely more on common sense that societies with the
> Anglo-American legal tradition. :-) That's why in practice moral rights
> are not as paralyzing as they appear when you look from the
> Anglo-American point of view.

Fine, all well and good, but the big boys are working overtime to "harmonise" 
the "IP" landscape and moral rights may well end up having traction in 
countries with and Anglo-American legal tradition. That could be ugly indeed.
>
> But yeah, Finns worry about them, too, sometimes. The usual stance is
> that the moral rights related to software are expected to be next to
> non-existent, so moral rights are not considered such a problem for
> software projects, which to date have been the most important copyleft
> projects.

I can sort of see that for software, and I tend to GPL my programs these 
days. 
Now, as to why some people's moral rights are less than others (from a moral 
point of view) is another matter.

However I am getting into releasing more artistic works under CC BY-SA which 
if not copyleft, is fairly close in my view.

Don't get me wrong, I can see postitive and negative to both ways. However, 
what if I as an artist create what to my mind is the best piece of work in my 
life, based on anothers work which is released as a CC BY-SA work only to 
have them prevent me from exibiting or distributing my work based on a moral 
rights claim? To me, it is a thorny issue.

How do Finns view things for artistic works?

I also have not noticed an answer from people in moral rights countries as to 
how they think the situation might play out in the case of a comissioned 
mural on a building where a porn theatre opens next door to the mural.

Would I have to destroy the mural I paid to have painted, or would the porn 
theatre be forced to move? Or some other solution?

all the best,

drew