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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: Alex Schroeder <alex AT gnu.org>
  • 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: Tue, 29 Mar 2005 02:16:26 +0200

Greg London schrieb:

Some countries may not allow a blanket waiver, that's democracy.
But countries that DO allow blanket waivers ought to be able to
have a license option that lets them exercise that waiver because
that's a result of democracy too.

I think the point is that these countries are trying to protect artists against having to sell-out. By forbidding the sell-out, they are actually protecting artists against publishers. So I don't think introducing such an option will be easy. The current state of the affair is that the authors claim that they will not sue you if you violate their moral rights. If you do, however, and the authors are having a bad day, bad luck. The point is that we would like authors to waive their moral rights in order to protect down-stream authors. From this I conclude that the only safe bet is to never violate the moral rights of authors. Living in a country that protects these moral rights, I can't see anything wrong with this, except to note that it is not 100% compatible with the anglo-saxon tradition. I mean, /factually/ the moral rights are not terrible tools of censorship or anything like that. Or in other words, if the courts allowed the use of moral rights to enforce censorship, then people in such a country probably have other things to worry about as well...

I don't know whether this was touched upon at the European meeting in Amsterdam, though.

Alex.





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