[Foundation-l] Does "free content" exist in France?

Ray Saintonge saintonge at telus.net
Sun Apr 22 06:04:09 UTC 2007


Stephen Bain wrote:

>On 4/22/07, Birgitte SB <birgitte_sb at yahoo.com> wrote:
>  
>
>>Moral rights are not some oddball local law, but
>>well-recognized area of international copyright law
>>acknowledged in the Berne convention.  This is not at
>>all like "insulting Turkishness" were it is best to
>>just claim a different jusristiction and pretend it
>>doesn't exist.  Not if you want to maintain any
>>integrity as an international movement anyways.
>>    
>>
>
>The idea of moral rights is part of the Berne Convention, and the
>United States is unusual among signatories in not completely
>recognising them.
>
>However the Convention leaves it completely up to the signatories to
>implement moral rights into their local law, and this has produced
>some wildly different results. French law is commonly held up as an
>extreme example but really the difference is between the civil law
>states (which love moral rights) and the common law states (which are
>skeptical).
>
I've noticed this, and the divide seems to be more pronounced than in 
the fair use problems.  Although most legislation speaks of damages to 
honour and reputation, I find it hard to see how some of the claims have 
managed to establish this.

Ec




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