Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On Friday, July 30, 2004, at 06:44AM, Cory Doctorow <cory AT eff.org> wrote:

>I think the existence of a right in Berne or elsewhere isn't 
>necessarily grounds for its inclusion in a CC license. There are LOTS 
>of things you're not allowed to do with a CC licensed work that aren't 
>enumerated in the license (i.e., you're not allowed to use my work as 
>part of your criminal enterprise). I think remaining silent on this 
>score may be better than to call attention to them. If they must be 
>enumerated, it would be better to enumerate them in an auctorial waiver 
>of same (I, the author, surrender my moral rights) than an assertion.

I agree that there's lots that a license doesn't say you can't do, presumably 
because of common sense. Common sense doesn't cover all of copyright law, 
however. The requirement to not besmirch the contributor is a restriction on 
"Freedom" and therefore unexpected in the context of an Open/Free license.

It may well be the case that the "right of integrity" (like "authority to 
contribute") is an educational issue rather than a license issue. If so, CC 
should add articles covering these to the information section of their site 
and draw attention to them. It will save a lot of work later on.

The right of paternity interacts with UK law through the Copyright and 
Patents act, so may well need explicit mention. I've no idea how the right of 
integrity interacts with UK law.

- Rob.