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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: Henri Sivonen <hsivonen AT iki.fi>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Sat, 26 Mar 2005 14:55:15 +0200

On Mar 26, 2005, at 13:49, Henri Sivonen wrote:

The term "moral rights" does not occur in the copyright law. The term is understood to mean what is called the "fatherhood right" and the "respect right". These terms don't occur in the law, either. They are legal jargon, but it is well understood which passages of the law implement those two rights.

Here's the relevant piece of statute (article 3 of the Copyright Act, translated by myself):

"When a copy is made of work or a work in whole or part is made obtainable by the public, the author has to be indicated in such a way that is required by good manner.

A work shall not be modified in a way that violates the author's literary or artistic esteem or originality, and a work shall also not be made obtainable by the public in a form or context that violates the author in the said way.

The author can waive the right, which (s)he according to this article has, in a binding way only if it concerns a use of the work that [the use, not the work] is limited in nature and extent."

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





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