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  • From: "Andres Guadamuz" <a.guadamuz AT ed.ac.uk>
  • To: <cc-uk AT lists.ibiblio.org>
  • Subject: Re: [Cc-uk] What happens if...?
  • Date: Wed, 26 Jan 2005 12:23:18 -0000

On the contrary, moral rights can be waived in the UK, and this is still
under discussion in the CC-EW licence as far as I can tell.

The latest document that I read on this subject offered two options to deal
with the integrity right in CC-EW. One is to use similar wording to the BBC
licence, which states that users cannot "use the Work and/or any Derivative
Work and/or any Collective Work for any illegal, derogatory or otherwise
objectionable purpose or through the use of the Work or any Derivative Work
or Collective Work bring the Licensor(s) reputation into disrepute”.

Another option (and my favourite) is to have an integrity element within the
licence (called the IN element), where the user would decide whether to
waive the right or not.

Your example is an excellent illustration of the problem of integrity. Now,
think of another example. What if I am a Buddhist and I have posted several
pictures about Buddah in my website. These pictures are used by a group that
I believe mock Buddhism. Could I object?

-------------------------
Andres Guadamuz
AHRB Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz AT ed.ac.uk
http://technollama.blogspot.com/

----- Original Message -----
From: <Damian.Rafferty AT Culture.gsi.gov.uk>
To: <stuart.yeates AT computing-services.oxford.ac.uk>
Cc: <cc-uk AT lists.ibiblio.org>
Sent: Wednesday, January 26, 2005 12:04 PM
Subject: RE: [Cc-uk] What happens if...?


> 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
> > cc-uk AT lists.ibiblio.org
> >
> > To subscribe or unsubscribe via the World Wide Web, visit
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> >
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> >
> > When replying, please edit your Subject line so it is more specific
> > than "Re: Contents of Cc-uk digest..."
> >
> >
> > 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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> >
> >
> > End of Cc-uk Digest, Vol 12, Issue 12
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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/
>
> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
>
> On entering the GSi, this email was scanned for viruses by the Government
> Secure Intranet (GSi) virus scanning service supplied exclusively by
Energis
> in partnership with MessageLabs.
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> Please see http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf
> for further details.
>
> In case of problems, please call your organisational IT helpdesk
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> ______________________________________________________________________
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