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  • From: Kaitlin Thaney <kaitlin AT creativecommons.org>
  • To: sc-announce AT lists.ibiblio.org
  • Subject: [sc-announce] CC, Open Access, and moral rights - Science Commons blog
  • Date: Wed, 07 Nov 2007 12:30:16 -0500

http://sciencecommons.org/weblog/archives/2007/11/07/cc-oa-moral-rights/

CC, Open Access, and moral rights

November 7th, 2007 by Thinh Nguyen

"A question that we often see in connection with the use of Creative Commons licenses in OA publishing is how the Creative Commons licenses, (and in particular CC-BY) affect moral rights. One example is this post on the topic by Peter Suber.

From the perspective of moral rights, the Creative Commons licenses start with a simple proposition: They don’t affect moral rights. The Creative Commons FAQ says that, “All Creative Commons licenses (with the exception of Canada) leave moral rights unaffected.”

Although we are frequently used to talking about concepts such as “moral rights” as if they are the same everywhere, most lawyers are well aware that all laws are local, meaning that they have jurisdictional limits and variations. For example, although the United States is obligated to protect moral rights under the Berne Convention, the United States does it very differently than countries in Europe, and it does not protect the same range of rights. The United States uses a combination of legislation (such as the Visual Artists Rights Act) and common law protections (libel and defamation) to protect an artist’s personality rights. The United States has deemed this sufficient to comply with its Berne Convention obligations. And even individual countries in Europe are different in terms of what rights are protected under the rubric of “moral rights” and how those rights are protected procedurally. [...]

[...] So one question comes up a lot: how is it consistent to have a license (such as CC-BY) that allows derivative works to be made while at the same time recognizing that the author reserves his moral rights? Isn’t any derivative work an infringement of moral rights, when they exist? [...]"

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Click the link above to read this post in its entirety.

- K
................
Kaitlin Thaney
Project Manager
Science Commons
http://sciencecommons.org
kaitlin AT creativecommons.org
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  • [sc-announce] CC, Open Access, and moral rights - Science Commons blog, Kaitlin Thaney, 11/07/2007

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