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cc-licenses - Re: [cc-licenses] just share alike

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Subject: Development of Creative Commons licenses

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  • From: Joachim Durchholz <jo AT durchholz.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] just share alike
  • Date: Thu, 26 Apr 2007 14:12:45 +0200

Erik Moeller schrieb:
b) under moral rights jurisdictions, it's impossible to relinquish
that right (see http://en.wikipedia.org/wiki/Moral_rights )

In Germany, it's explicitly possible to relinquish that right by publishing anonymously. (Which might be an option for the original poster, too.)

The snag is that republishing such a work is risky. Copyright for anonymous works terminates earlier than that for non-anonymous works.
Now if somebody releases anonymously, waits until the copyright period is over, he may come forth later, claim ownership of the work and start to collect royalties for years of unlicensed use.
In the case of CC-!ND, he may come forth later, claim that somebody else removed the ND part of the license, and start to collect royalties, too.

So while it is indeed generous to actively waive the BY rights, it's impractical as long as anonymous works have a shorter deadline than those with an author. (I really don't understand that. If 10 years aren't enough to recover the investment into a work, it's probably not useful enough to the general public. But that's a different can of worms, of course.)

I'm not sure how much of that actually went into CC's decision, it's just the particular situation over here in Germany.


Note to the OP: I'd recommend putting the author's name into the image's metadata and leave it at that. You could promise not to sue over not being named as an author, and let the creators of derivative works decide whether they'll trust you (and, possibly, your heirs after your death) to rely on that word.
It's essentially the same situation as when you published the work under a non-BY license, at least here in Germany...

Regards,
Jo




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