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cc-licenses - Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing

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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] Disclaimers for works of opinion as an incentive to free licensing
  • Date: Wed, 2 May 2012 23:26:58 +0200

On Tue, 01 May 2012 07:23:59 +0200 Gisle Hannemyr wrote:

> On 30.04.2012 19:28, Francesco Poli wrote:
> > On Mon, 30 Apr 2012 14:03:53 +0200 Gisle Hannemyr wrote:
> >
> > [...]
> >> However, I think it is important that users of CC BY-SA has
> >> protection against their opinions being distorted. The correct
> >> solution, in my opinion, is not to include a mandatory disclaimer,
> >> but to have the following clause in the license:
> >>
> >> You must not distort, mutilate, modify or take other derogatory
> >> action in relation to the Work which would be prejudicial to
> >> the Original Author's honour or reputation.
> >>
> >> [This clause is in CC BY-SA 3.0 (unported), but not in v4.0d1.
> >> It needs to be reinstated.]
>
> > No, please!
> >
> > It's one of the few issues that I see in CC-v3.0 licenses and that has
> > been solved in CC-v4.0draft1...
> >
> > Please see:
> > https://lists.ibiblio.org/sympa/arc/cc-licenses/2012-January/006605.html
>
> Where you wrote (on 2012-01-15):
[...]
>
> First: Moral rights does not have a chilling effect. People are free
> to make adaptations in order to criticize the original work or author
> - as long as they avoid being prejudicial to the Original Author's
> honour or reputation.

The problem is that, in some people's opinion/interpretation, almost
*any* modification made to their works (except for those modifications
that they consider as "good ideas") is prejudicial to their honor or
reputation.

I think that such an interpretation of moral rights is unreasonable and
overreaching (at least in most jurisdictions), but the risk of being
sued by an overly-irritable original author may have a significant
chilling effect, especially on hobbyists...

>
> Second: To regard copyright law as only concerned with economic
> rights is (at least to me) a strange way of looking at copyright.

Well, some people say that copyright (as found in common law systems)
is only (or mainly) about economic rights.
Author's rights (as found in civil law systems) are about both economic
and moral rights.

I just used the term "copyright" in this sense.

Anyway, what I meant is that enforcing moral rights as a condition for
granting economic rights is awkward.
I hope you agree with this.

[...]
> The Creative Commons cannot avoid being explicit about how moral
> rights are handled in its public license. The language used in
> version 3.0 is an obvious compromise between those that will like
> to dismiss moral rights as "a French idea" that has no real
> usefulness, and those that want strong moral rights to
> preserve the honour and reputation of artists and literary
> and artistic works.

I am not sure I agree on the goodness of the language used in CC-v3.0
licenses, but you have to admit that your proposal for CC-v4.0 licenses
seems to be closer to the "strong moral rights" side: you proposed to
introduce a much shorter clause that would just enforce strong moral
rights, even in jurisdictions where the actual moral rights are
weaker...

>
> At the present time, I have no better suggestion than keeping
> the compromise about moral rights that were used in
> CCPL ver. 3.0 in ver. 4.0 of the CC public license.

For the reasons outlined above and previously, I respectfully disagree.

Bye.

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