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169:...In a jurisdiction, where moral rights do exist, ... we have to respect moral rights (and in particular the moral right of integrity), meaning the licensee is not allowed to "distort, mutilate, modify or take any other derogatory action in relation to the work which would be prejudicial to the original authors honor or reputation" - whether we like it or not. ...In a jurisdiction, where moral rights do not exist, the latter part of the sentence will not be applicable: "except otherwise permitted by applicable law" means "except the respective copyright legislation permits every adaptation of the work", which is (only) the case, if moral rights are do not exist and not included in the respective law. 145:" related to a work. Moral rights, as defined by most legal systems, include the right to "the integrity of the work", barring the work from alteration, distortion or mutilation. Because such rights can prevent using works in ways that the author disagrees with, many believe that moral rights can make an image "unfree". Since some users believed that the clause applied moral rights to a work that may not have had moral rights applied otherwise, the license was not recommended at first while users discussed what the clause meant. 73: 93: 273: 53: 83: 155:, "The problem with some variants of the CC licenses is that the wording of them appears to make moral rights apply in countries that don't have such laws. Thus, they're a blatant usage restriction, and the wording in question seems unduly onerous as well. But if this is not in fact the case I'm sure Joichi will eventually come back to this thread and clarify how the licenses don't mean what they appear to mean." 103: 63: 201:
be used generally, whether in a nation like Japan that (apparently) has strong enforcement of moral-rights claims or in a nation like the United States, where moral rights claims are weakly enforced if at all, and where moral-rights claims are severely constrained by national legal norms. The preceding can be interpreted as restating what CC's counsel has said on the subject.
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In effect, CC 3.0 seems to me to be written NOT to *enforce* a restrictive vision of moral rights but INSTEAD to *dodge* or *avoid* the question of whether and how moral rights should be enforced under a particular nation's laws. The clear aim, it seems to me, is to allow the same CC 3.0 language to
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Generally speaking, moral rights have to be addressed in the unported license to assure that this license would be enforceable by law in every jurisdiction, whether moral rights are exist or not. The criticism, that the wording of the moral rights section in the unported license could be read as if
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weighed in as well, saying, "I am on the board of Creative Commons and thus privy to the discussions. I think there is a clumsy wording here that needs to be clarified for non lawyers, but all the lawyers say the same thing: no additional moral rights in countries where those laws do not apply."
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the licensee has the obligation "....to not distort, mutilate, modify or take any other derogatory action in relation to the work which would be prejudicial to the original authors honor or reputation" in every jurisdiction, even if moral rights are do not exist, is not legally correct.
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that given the opinions of Ito, Wales and Godwin, and a lack of objection to the license, that the license should be accepted. On Monday, Commons officially began accepting CC 3.0 licenses, adding them to the
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Ito also promised that in the next version of the unported license, and in this version of the national licenses, that the distinction would be made more clear, and easier for non-lawyers to understand.
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After months of debate over whether the newest Creative Commons licenses could be considered "free licenses", the
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This weekend, a few weeks after discussion had died down on the subject, it was
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from Catharina Maracke, the head of Creative Commons International:
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3.0 licenses were accepted as acceptable licenses for media.
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The debate centered mainly on a clause centering on "
360:If your comment has not appeared here, you can try 434: 124: 371:No comments yet. Yours could be the first! 363: 14: 435: 221:were introduced on February 23, 2007. 148:In a mailing list discussion in July, 443:Knowledge Signpost archives 2007-08 34:CC 3.0 licenses accepted on Commons 27: 271: 192:from Wikimedia Foundation counsel 28: 454: 111: 101: 91: 81: 71: 61: 51: 356:add the page to your watchlist 13: 1: 219:Creative Commons 3.0 licenses 339: 18:Knowledge:Knowledge Signpost 7: 10: 459: 276: 203: 171: 386:What do you think of 275: 198: 164: 392:Share your feedback. 353:To follow comments, 214:on the upload form. 158:Ito replied with an 323:Features and admins 252:Features and admins 348:Discuss this story 333:Arbitration report 277: 364:purging the cache 328:Technology report 263: 230:Also this week: 184:Later that week, 450: 427: 367: 365: 359: 346: 295: 287: 280: 228: 212:license selector 136:Creative Commons 129: 115: 114: 105: 104: 95: 94: 85: 84: 75: 74: 65: 64: 55: 54: 458: 457: 453: 452: 451: 449: 448: 447: 433: 432: 431: 430: 429: 428: 423: 421: 416: 411: 406: 401: 394: 383: 382: 377: 375:+ Add a comment 372: 369: 361: 354: 351: 350: 344:+ Add a comment 342: 338: 337: 336: 288: 283: 281: 278: 266: 265: 264: 232:CC 3.0 approved 131: 130: 123: 122: 121: 112: 102: 92: 82: 72: 62: 52: 46: 43: 32: 26: 25: 24: 12: 11: 5: 456: 446: 445: 422: 417: 412: 407: 402: 397: 396: 395: 385: 384: 381: 380: 379: 378: 373: 370: 352: 349: 341: 340: 335: 330: 325: 320: 315: 313:News and notes 310: 305: 300: 294: 285:13 August 2007 282: 270: 269: 268: 267: 244:News and notes 227: 226: 224: 168: 132: 120: 119: 109: 99: 89: 79: 69: 59: 48: 47: 44: 38: 37: 36: 35: 30: 29: 15: 9: 6: 4: 3: 2: 455: 444: 441: 440: 438: 426: 420: 415: 410: 405: 400: 393: 389: 376: 366: 357: 345: 334: 331: 329: 326: 324: 321: 319: 316: 314: 311: 309: 306: 304: 301: 299: 296: 292: 286: 279:In this issue 274: 262: 261: 257: 253: 249: 245: 241: 237: 233: 225: 222: 220: 215: 213: 208: 202: 197: 195: 191: 187: 182: 179: 175: 170: 163: 161: 156: 154: 151: 146: 144: 139: 137: 128: 118: 110: 108: 100: 98: 90: 88: 80: 78: 70: 68: 60: 58: 50: 49: 41: 23: 19: 388:The Signpost 387: 297: 291:all comments 231: 229: 223: 216: 204: 199: 196:, who said, 188:forwarded a 186:Erik Moeller 183: 176: 172: 165: 157: 150:David Gerard 147: 143:moral rights 140: 133: 57:PDF download 425:Suggestions 318:In the news 260:Arbitration 248:In the news 194:Mike Godwin 178:Jimbo Wales 160:explanation 107:X (Twitter) 303:Bug review 256:Technology 236:Bug review 45:Share this 40:Contribute 22:2007-08-13 419:Subscribe 308:WikiWorld 240:WikiWorld 207:suggested 437:Category 414:Newsroom 409:Archives 97:Facebook 87:LinkedIn 77:Mastodon 20:‎ | 190:message 298:CC 3.0 127:Ral315 117:Reddit 67:E-mail 31:CC 3.0 404:About 16:< 399:Home 217:The 153:said 125:By 42:— 439:: 390:? 258:— 254:— 250:— 246:— 242:— 238:— 234:— 368:. 358:. 293:) 289:(

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Knowledge:Knowledge Signpost
2007-08-13
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