Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On Friday, July 30, 2004, at 03:39PM, Andres Guadamuz <a.guadamuz AT ed.ac.uk> 
wrote:

>My recommendation in short, attribution right must be explicitly asserted,

This sounds right in order to match CC-BY. I read somewhere that BY's 
attribution clause has the effect of giving the paternity moral right in the 
US, which is a creative use of licensing.

>derogatory treatment must be explicitly waived. 

IANAL but waiving integrity is more problematic. A.Metzger's talk on licenses 
linked from the CC Weblog is informative regarding this. You *can't* have a 
global waiver of moral rights in Germany, so there's a potential faultline 
between the US (where you can waive but which doesn't seem to care anyway), 
the UK (where you can waive) and Germany (where you can't). 

I agree with the problems you identify in giving integrity rights through the 
license as BY gives paternity rights. I do however believe that global 
compatibility is the most important aim regarding this, so 
integrity/non-derogation should be added to CC-2.0 and CC-UK. This is easier 
than reforming civil law in Germany and elsewhere, which is the only 
alternative I can see. :-)

- Rob.