From: Lesley Ellen Harris <[log in to unmask]>
Date: Wed, 10 Jun 2015 19:06:06 -0400

A couple of points. First, moral rights cannot be waived in many
European countries.

Second, moral rights also exist in Canada and are quite protective of
authors’ rights though they can be waived.

One famous and easy-to-visualize moral rights infringement lawsuit in
Canada surrounds the Michael Snow sculpture of geese attached to the
ceiling of the Toronto Eaton Centre. In this case, the Eaton Centre
tied red ribbons around the necks of the sixty geese in Flight Stop as
a Christmas decoration. The artist, Michael Snow, was not aware of
this alteration to his work nor did he consent to it. Snow went to
court and won. Click here for an article on moral rights in Canadian
Copyright Law.

http://vps7961.inmotionhosting.com/~copyrightlaws/wp-content/uploads/2010/07/Moral-rights-for-LawNow.pdf

Lesley

Lesley Ellen Harris
Copyrightlaws.com


On Jun 10, 2015, at 6:29 PM, LIBLICENSE <[log in to unmask]> wrote:

From: John Cox <[log in to unmask]>
Date: Wed, 10 Jun 2015 09:29:54 +0100

Just a word of clarification on moral rights and the CC licences.

'Moral rights' are part of copyright law throughout the European
Union, and in many other jurisdictions.  The USA is in a minority in
not providing for moral rights - except for certain categories of
photography and fine art, as Sandy points out.

Moral rights are additional to what we now call the 'economic rights'
enshrined in copyright.  They are designed to protect the author.
Principally they are:

a. attribution is the right of an author of a work to be identified as
such with any edition of the work.

b. integrity is the right of an author to object to ‘derogatory’
treatment of a work. That means any distortion or any other treatment
that damages its meaning and/or the author's reputation.


Moral rights are personal to the author.  They cannot be assigned to
someone else - e.g. to a publisher.  They can ONLY be waived by the
author in writing.   So a CC licence put out by a publisher purporting
to waive an author's moral rights simply has no effect, which is why
the CC licence does not make provision for them.


John Cox
Rookwood, Bradden
TOWCESTER
Northants NN12 8ED
United Kingdom
E-mail: [log in to unmask]