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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: Rob Myers <rob AT robmyers.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing
  • Date: Sat, 12 May 2012 17:35:32 +0100

On 05/12/2012 01:39 AM, Ben Finney wrote:

What does “the author shall have the right to … object to any
[modification] which would be prejudicial” mean, though?It doesn't say
that those actions violate the copyright, and doesn't seem to impose any
obligation on the person doing those actions. The author objects – and
what?

This is down to national law. Yes, it's annoyingly uncertain in the age of the Internet. But it's how the law is and it's something that can and does affect people. So it's probably better to warn them.

This is quite unlike the injunction found in typical legal phrasing. In
this clause actions of third parties aren't enjoined to do or not do
anything. So my assertion above – that these actions don't violate
copyright – seems to stand.

They may or may not violate copyright per se (I honestly don't know, I am not a lawyer) *but* they violate moral rights, which are part of copyright legislation and gained as a result of creating a copyrighted work.

- Rob.




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