Terry Hancock escribió:
> David Maeztu wrote:
>> Youīre right, but thatīs needed because in many
laws there are
>> protection for moral rights, such as in Spain:
>>
>> Article 14.4 of spanish IP law: [1]
>> "Correspond to the author the following rights
wich cannot be renounced
>> and are inalienable:
>>
>> 4. To demand respect for work integrity and prevent
any deformation,
>> change, alter or attented against the work that
could harm authorīs
>> interestīs or reputation."
>>
>> I agree itīs prone to misuse but it`s imperative in
many jurisdictions.
>
> Why is that imperative to include in the CC license?
We were talking about the unported licence, that`s why.
Maybe imperative
it`s not the right word, but unless it`s important.
I think the warning is very useful for the user of a CC
covered work,
because of the diferent protection given by different
jurisdictions.
It give aditional info to you, because if you make a
deformation of the
work that I think harm my reputation I can sue you, If
donītknow itīs
possible it`s not the more fair scenario.
Imagine you make a change in my work, licensed with a CC,
publish it and
few days later you reicive a letter from a lawyer where he
ask you for
not continue with that modification.
Itīs possible, but you'd say that nobody warned you about
that were
possible.
>
> According to what you write above, it will apply within
Spain, whether
> the license mentions it or not (it isn't legal to
remove this right).
>
> But if the clause is included in the CC license, then
you enforce this
> oddity of European law onto Americans as well. Normally
we (in the US)
> do not recognize the idea of "moral rights"
in a work (which is part of
> our general theory that copyright is not a 'natural'
right, but rather a
> state-granted monopoly on an otherwise free activity --
copying
> information).
Also in Europe it is not a natural right, and also a state
granted
monopoly wich also include rights not given by the US law.
Itīs not a
question about iusnaturalism or iuspositivism.
>
> It doesn't seem to me that reflecting such
jurisdiction-specific
> non-copyright laws is that helpful.
I think CC it`s a global project, and this kind of rights
are present in
Berna's countries, wich unless in number are more than US
copyrigth
system countries.
Itīs a matter of opinion, surely a better explanation from
CC about the
inclusion of that clause would clarify this question.
Regards.
>
> Cheers,
> Terry
>
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