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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 17:24:26 +0200

On Mar 26, 2005, at 16:42, Greg London wrote:

Henri Sivonen said:
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."

Sorry, too many "not's" got me confused.

The only 'not' is in the note that is not part of the sentence itself. I could not twist the sentence to make it 100% clear that 'that' refers to 'use' and not 'work'.

The author can waive moral rights in a binding way only
for specific uses?

Correct.

She can't do a blanket waiver?

She can't.

A clause in a contract of employment that stated that the employee waives her moral rights to all works produced in the course of conducting her responsibilities as an employee would be unenforceable.

Likewise, a proclamation by an author that he waives the right to attribution for all the works he has created and will hereafter create would be non-binding.

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





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