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cc-licenses - Re: [cc-licenses] Moral rights, Attribution & Choice of Law

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Subject: Development of Creative Commons licenses

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  • From: Francesco Poli <invernomuto AT paranoici.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Moral rights, Attribution & Choice of Law
  • Date: Fri, 13 Apr 2012 22:22:52 +0200

On Wed, 11 Apr 2012 17:08:39 -0400 Kent Mewhort wrote:

[...]
> Moral rights
> -------------
[...]
> I would suggest leaving moral rights altogether intact.

I instead think that the license should do everything it can in order
to prevent moral rights from obstructing the exercise of the granted
rights.

[...]
> Attribution
> ------------
>
> 3. The scope of "any reasonable manner" seems a bit too broad,
> especially given the importance and multi-faceted purpose of
> attribution. I liked the old "at least as prominent as" provision,
> though I can see how this can cause problems in some contexts.

Please let's not suggest the reintroduction of one of few issues of
CC-v3.0 that have been fixed in CC-v4.0draft1 !
For more details, please see:
https://lists.ibiblio.org/sympa/arc/cc-licenses/2012-January/006604.html

[...]
> Choice of Law
> --------------
>
> 5. There hasn't been much discussion on this, but I think deserves
> careful consideration in light of the move towards
> internationalization. Given the different laws on fair dealing,
> copyright terms, and other aspects of copyright law, it creates a lot of
> uncertainty to simply leave choice of law to local conflict of law
> rules. I think something analogous to the U.K. government license could
> work well to tighten up certainty: "This licence is governed by the laws
> of the jurisdiction in which the Information Provider has its principal
> place of business, unless otherwise specified by the Information Provider. "

I instead think that it's better if the local conflict of law rules are
not overridden...


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