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[Hector MacQueen <hector.macqueen AT ed.ac.uk>]

I would agree with Andres that there should not be any objection either to a
freedom to waive the right.  The right of integrity is limited to protecting
the work from "distortion, mutilation, modification or other derogatory action
adversely affecting the author's honour and reputation" (Berne Convention art 
6
bis; cf United Kingdom's Copyright Designs and Patents Act 1988 s 80); so it 
is
not a right which absolutely denies the commons interests in e.g. adaptation,
parody, borrowing; but is actually rather consistent with the wider idea of
human rights law which calls on us, as much as social groups as governments or
states, to respect the dignity and personality of others as expressed, for
example, in their creative works.

Hector MacQueen
Professor of Private Law
Director, AHRB Research Centre Intellectual Property and Technology Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
UK
Tel: (0)131-650-2060; Fax: (0)131-662-6317


Quoting Andres Guadamuz <a.guadamuz AT ed.ac.uk>:

> Dear Rob,
>
> I agree with you, integrity should be part of the licence. Although there is
> a possibility that adding the integrity element to the licence may give
> people the wrong idea, I think that it is more consistent with UK
> legislation, as the integrity right is a default by law. I believe that this
> is generally incompatible with other elements of the licence, such as the
> permission to allow adaptations of the work, because in fact what will
> happen is that creators will maintain the right to object to derogatory
> treatment in later adaptations. This can be fixed with making the waiver a
> part of the licence.
>
> I know that the licence is launched on Monday and that this is very late,
> but perhaps it is not too late to add it.
>
> BTW, good luck to all on Monday!
>
> Andres
>
> -----Original Message-----
> From: cc-uk-bounces AT lists.ibiblio.org
> [mailto:cc-uk-bounces AT lists.ibiblio.org] On Behalf Of Rob Myers
> Sent: 01 October 2004 10:40
> To: cc-uk
> Subject: [Cc-uk] Integrity. Again.
>
>
> The Canadian licenses have gone live (news via Corey on Boing Boing:
> http://www.boingboing.net/2004/09/30/canadian_creative_co.html).
>
> CC-CA have a good page on Integrity:
>
> http://www.cippic.ca/en/projects-cases/icommons-canada/moral-rights.html
>
> I found the following quote interesting:
>
> "The right of integrity also protects creators from having their works
> associated with products, services, causes or institutions that would harm
> their honour or reputation. In Creative Commons-speak this is called the
> INTEGRITY licence element. Note: This element is currently being proposed
> and is not yet available."
>
> Given that there may well be an IN element, re-reading the original debate
> on this list, the Canadian page and Corey's argument(s), the case *in favour
> of* waivers for integrity and (when non-BY?) paternity now seems quite
> compelling.
>
> - Rob.
>
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