Development of Creative Commons licenses

[David Maeztu <davidmaeztu AT gmail.com>]

Terry Hancock escribió:
> 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?

We were talking about the unported licence, that`s why. Maybe imperative
it`s not the right word, but unless it`s important.

I think the warning is very useful for the user of a CC covered work,
because of the diferent protection given by different jurisdictions.

It give aditional info to you, because if you make a deformation of the
work that I think harm my reputation I can sue you, If don´tknow it´s
possible it`s not the more fair scenario.

Imagine you make a change in my work, licensed with a CC, publish it and
few days later you reicive a letter from a lawyer where he ask you for
not continue with that modification.

It´s possible, but you'd say that nobody warned you about that were
possible.

> 
> 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
> information).

Also in Europe it is not a natural right, and also a state granted
monopoly wich also include rights not given by the US law. It´s not a
question about iusnaturalism or iuspositivism.
> 
> It doesn't seem to me that reflecting such jurisdiction-specific
> non-copyright laws is that helpful.

I think CC it`s a global project, and this kind of rights are present in
Berna's countries, wich unless in number are more than US copyrigth
system countries.

It´s a matter of opinion, surely a better explanation from CC about the
inclusion of that clause would clarify this question.

Regards.
> 
> Cheers,
> Terry
>