Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

cc-licenses AT

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Terry Hancock <hancock AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
  • Date: Sun, 30 Sep 2007 21:59:58 -0500

David Maeztu wrote:
> You´re right, but that´s needed because in many laws there are
> protection for moral rights, such as in Spain:
> Article 14.4 of spanish IP law: [1]
> "Correspond to the author the following rights wich cannot be renounced
> and are inalienable:
> 4. To demand respect for work integrity and prevent any deformation,
> change, alter or attented against the work that could harm author´s
> interest´s or reputation."
> I agree it´s prone to misuse but it`s imperative in many jurisdictions.

Why is that imperative to include in the CC license?

According to what you write above, it will apply within Spain, whether
the license mentions it or not (it isn't legal to remove this right).

But if the clause is included in the CC license, then you enforce this
oddity of European law onto Americans as well. Normally we (in the US)
do not recognize the idea of "moral rights" in a work (which is part of
our general theory that copyright is not a 'natural' right, but rather a
state-granted monopoly on an otherwise free activity -- copying

It doesn't seem to me that reflecting such jurisdiction-specific
non-copyright laws is that helpful.


Terry Hancock (hancock AT
Anansi Spaceworks

Archive powered by MHonArc 2.6.24.

Top of Page