Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Tuesday 29 March 2005 08:19 am, Peter Brink wrote:
> 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...

You may be right, but let me try again.

I craft a license which lets people use my work in a BY-SA manner at no cost 
so long as they have not asserted their moral rights their derivative or 
adaptation, but that a payment for the use of my work in the amount of X is 
due to me should they assert their rights.

I other words, I will not try and deny them their rights, only charge them 
for 
the rights to my work should they choose to assert their rights.

Again, please note, I am not saying I think these sorts of games are wise or 
sensible to put into play, I am just trying to understand what is possible at 
this point.
>
>  > 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

I understand that unlawful parts of contracts get thrown, just having a 
problem understand why this would be held to be unlawful. I can see that it 
would be possible to create such a law though.

So it seems to become more important to understand how predictable moral 
rights claims are.

all the best,

drew