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cc-licenses - Re: [cc-community] Re: CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-community] Re: CC licenses and "moral rights"
  • Date: Mon, 28 Mar 2005 12:47:59 +0200

drew Roberts skrev:

I don't know if I share your confidence that moral rights and CC licenses and US law don't mix though. We are interested in international, cross border collaberation in the commons are we not?


The problem is that European laws will prevent you from constructing an enforceable license. The laws are designed to prevent an originator from being able to transfer or waive his moral rights. A license which contain language that for example forces a downstream user to waive his moral rights would not be able to stand in court. It would either be declared void in full, or the specific clauses containing the waiver would be declared void, in any case you would have an inherently faulty license. I don't see any point in CC being associated with licenses that don't work.

Licenses that are designed to circumvent moral rights are also not IMHO going to "sell" very well. Moral rights are an important matter in Europe, you will probably scare off many prospective users by introducing such licenses. To my mind it's just a plain bad idea.


/Peter Brink






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