From: Sandy Thatcher <[log in to unmask]>
Date: Sun, 12 Aug 2012 16:06:23 -0500

I'll respectfully have to disagree with Chris Bird here as I do not
believe the bow to "moral rights" embedded in the current CC-BY
license would suffice to protect against these two potential harms to
authors. Remember that I said "poor" translations, not intentionally
bad ones that might be considered to "distort, mutilate, modify" the
original work. And I think it would be highly unlikely that inclusion
of an article in an anthology that the author objected to for, say,
ideological reasons would be deemed "derogatory" in the sense of that
term as used in European copyright law. I would be interested to know
if Mr. Bird can cite any cases where lawsuits have been brought on
such grounds and been found to be in the plaintiff author's favor.

Sandy Thatcher


> From: "Bird, Chris" <[log in to unmask]>
> Date: Fri, 10 Aug 2012 09:53:32 +0100
>
> I agree with Klaus Graf's post and would also add:  CC-BY *does*
> protect authors against having poor translations done or against
> having their articles reprinted in anthologies where the context might
> be offensive to the authors, through the author's moral rights, which
> give authors the right to be correctly attributed and to object to
> derogatory treatment of the work.  Correct attribution would certainly
> include reference to the fact that a work had been translated, hence
> the reader would be on notice.  Including work in an anthology
> offensive to the author would stand a pretty good chance, I think, of
> constituting derogatory treatment.
>
> Of course, there are cross-jurisdictional issues with recognising and
> enforcing moral rights, but these considerations also arise when
> enforcing copyright itself.  They are not a good argument, in my
> opinion, for re-enforcing what Jan Velterop appropriately terms "the
> control attitude publishers are used to in a subscription
> environment", especially when the benefits of an open environment,
> which are well-rehearsed on this forum and elsewhere, are now so
> widely accepted.
>
> Chris Bird
>
> -----Original Message-----
> From: Klaus Graf <[log in to unmask]>
> Date: Tue, 7 Aug 2012 23:45:18 +0200
>
> Mr Thatcher is repeating his well known arguments against CC-BY, of low value.
>
> A bad translation is better than no translation. How many scholars are
> able to get their works translated? Good translations aren't cheap. If
> CC-BY helps that translations were made then this is an advantage.
>
> I never heard of problems with anthologies in which CC-BY articles are
> integrated.
>
> Klaus Graf