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  • From: Rob Myers <robmyers AT mac.com>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: RE: [Cc-uk] Legal Bugs Report+ToDo list
  • Date: Fri, 30 Jul 2004 15:56:24 +0100

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.




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