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  • From: Damian.Rafferty AT Culture.gsi.gov.uk
  • To: stuart.yeates AT computing-services.oxford.ac.uk
  • Cc: cc-uk AT lists.ibiblio.org
  • Subject: RE: [Cc-uk] What happens if...?
  • Date: Wed, 26 Jan 2005 12:04:44 -0000

Thanks Stuart - so (if I have got this right) in the UK, your moral rights
would be non-waivable even under a CC license and so you could ask the BNP
(in this case) to remove your image as it could affect your reputation or
the reputation of the subjects of the picture?

Damian

-----Original Message-----
From: Stuart Yeates
[mailto:stuart.yeates AT computing-services.oxford.ac.uk]
Sent: 26 January 2005 11:37
To: RAFFERTY DAMIAN
Cc: cc-uk AT lists.ibiblio.org
Subject: Re: [Cc-uk] What happens if...?


http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_5.htm

Paragraph 80:

"80: (1) The author of a copyright literary, dramatic, musical or
artistic work, and the director of a copyright film, has the right in
the circumstances mentioned in this section not to have his work
subjected to derogatory treatment.

(2) For the purposes of this section—

(a) "treatment" of a work means any addition to, deletion from
or alteration to or adaptation of the work, other than—
(i) a translation of a literary or dramatic work, or
(ii) an arrangement or transcription of a musical work
involving no more than a change of key or register; and

(b) the treatment of a work is derogatory if it amounts to
distortion or mutilation of the work or is otherwise prejudicial to the
honour or reputation of the author or director;"

I believe that there are also the rights of subjects of such photos in
these circumstances.

cheers
stuart

Damian.Rafferty AT Culture.gsi.gov.uk wrote:
> I have just had a query about a particular instance relating to one of our
> projects. Say someone puts up a picture of their parents coming down from
> the steps of the SS Windrush and assigns a non-commercial license to it.
> Then the BNP take this image and uses it on their website to illustrate
> their objection to immigration. What can the original owner of the
copyright
> do, if anything, to remove the image from the BNP website?
>
> Damian
>
> -----Original Message-----
> From: cc-uk-request AT lists.ibiblio.org
> [mailto:cc-uk-request AT lists.ibiblio.org]
> Sent: 24 January 2005 17:01
> To: cc-uk AT lists.ibiblio.org
> Subject: Cc-uk Digest, Vol 12, Issue 12
>
>
> Send Cc-uk mailing list submissions to
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> When replying, please edit your Subject line so it is more specific
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> Today's Topics:
>
> 1. Re: examples of use of CC in commercial sector
> (Desiree Miloshevic)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 24 Jan 2005 13:37:10 +0000
> From: Desiree Miloshevic <dmiloshevic AT afilias.info>
> Subject: Re: [Cc-uk] examples of use of CC in commercial sector
> To: cc-uk AT lists.ibiblio.org
> Message-ID: <41F4FA06.30207 AT afilias.info>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
> Hi -
>
> Just a note to say that the other week I spoke to a board member of a
> big design company in London re cc. They have a lot of students
> (freelancers) who come in to do paid work, but the students keep
> mentioning how they'd like to retain their IP rights, creating extra
> legal work for the company, etc.
>
> The company is willing to suggest the use of cc-UK license for the
> students and thus promote cc.
>
> We should encourage this particular use of cc in other creative
> industries among the contacts that we have and/or build some awareness
> campaign for students at universities?
>
> Thoughts?
>
> Did anyone hear about simliar activities or examples in any other
> commercial or creative sector, that I can use?
>
> thanks,
>
> Desiree Miloshevic
> --
> www.afilias.info/contact/
> www.isoc.org
> www.cpsr.net
>
>
>
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--
Stuart Yeates stuart.yeates AT computing-services.oxford.ac.uk
OSS Watch http://www.oss-watch.ac.uk/
Humbul Humanities Hub http://www.humbul.ac.uk/

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In case of problems, please call your organisational IT helpdesk

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