Development of Creative Commons licenses

[Alex Schroeder <alex AT gnu.org>]

drew Roberts schrieb:

> Please note, I do not miss the benefits of moral rights. I can see times when 
> they could be good to have here. I find it odd that people from countries 
> with moral rights cannot concieve of the problems (or at least haven't 
> admitted to in this thread to my recollection) that might be possible. 
> Doesn't it seem strange to you all that this should be one of the few things 
> in the world that are all upside and there are no negative aspects?
>
>  
Uh...  Let's not get into this discussion.  No matter what I think, I 
think it highly unlikely that something as basic as the Berne convention 
will be changed in radical ways, specially since the Berne convention 
was one of the key turning points where the anglo-saxon tradition of 
copyright was confronted with continental droit d'auteur and what ended 
up in the Berne convention was in fact moral rights.  So I think any 
realistic discussion of the goals of CC needs to take into account the 
facts on the ground.  As I interpret them (based on my recollections of 
selective reading of /The International Intellectual Property System: 
Commentary and Materials/ by Frederick Abbott, Thomas Cottier and 
Francis Gurry), having or not having moral rights are not something 
we'll decide on this mailing list.  All we need to discuss is whether 
they are a problem for CC licenses, how to adapt them, and what that 
means in an international context.

> Also, if someone would be so kind as to respond to the idea I put forth on the 
> possibility of crafting a license that would allow an original author to give 
> a CC BY-SA type liccense where the permissions given would be withdrawn 
> should an author of a derivative invoke their moral rights? (Is it possible 
> not is it sensible.)
>  
Since you cannot sign these rights away (I thought I mentioned that 
somewhere, maybe I didn't), I don't think this passage would hold in a 
Swiss court.

> I think I am going to just need to try and watch how moral rights interact 
> with CC BY-SA type licenses for a while before I will be willing to take the 
> chance of investing significant time or money building on the work of an 
> author from a country with moral laws. (Where the work was [first?] published 
> in such a country.)
>  
Maybe we should ask for some feedback from artists in such countries (I 
am not an artist).

Alex.