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cc-licenses - 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 licenses and "moral rights"
  • Date: Wed, 30 Mar 2005 01:18:12 +0200

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a license that would allow an original author to give a CC BY-SA type liccense where the permissions given would be withdrawn should an author of a derivative invoke their moral rights?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.





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