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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: Tue, 29 Mar 2005 18:26:35 +0200

Rob Myers skrev:

But a conditionalised license would *not* prevent you from asserting your
rights, it would just remove your license to the work if you did. So
> your rights are unaffected. Whether this would be problematic in
> any given jurisdiction I couldn't say.

The problem is that a mandatory rule is protected from being made part of a contract, you are simply not allowed to use such a condition.

Here in Sweden you may not swap benefits protected by mandatory rules (and moral rights are an excellent example of such a benefit) with another benefit. That is - if you offer the benefit of being able to freely distribute copies and derivative works you may *not* make that offer dependent upon a waiver of moral rights...

/Peter Brink





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