Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

drew Roberts skrev:
> So you think if I crafted a license where the original author granted  a BY-SA 
> type license to make derivatives so long as the maker of derivatives did not 
> invoke their moral rights, but that if they should invoke their moral rights 
> anywhere, they would lose the rights the original author granted under the 
> license, that such a license would be held invalid in Europe?

A creator of a original work or derivative work under such a license in 
Europe would still be entitled to moral rights in those jurisdictions 
who honor them.

Remember - moral rights are mandatory. In Sweden a condition in a
contract which violates a mandatory law or rule is by default considered
being unlawful. Ergo - you would not be able to enforce such a condition
in court. Designing a license knowing that it might be in part
considered unlawful is a bad idea, not to mention that it would stain
the reputation of CC.

IMO it is not possible to get around moral rights!  Which is precisely
what the law makers intended...

> They would force the original author to give rights to their work
> under conditions which they did not agree with?
>

Yes. Since the original author included unlawful terms in the contract 
he will be forced to accept a contract under different terms than he 
intended.

/Peter Brink