David Gerard wrote:
On 21/04/07, Delirium delirium@hackish.org wrote:
What is somewhat unclear to me is to what extent other countries' moral-rights legislation is enforceable outside their countries. Can it be safely ignored by those in countries that lack such laws, much like Turkey's laws against "insulting Turkishness" are ignored outside Turkey, or is it worldwide in legal applicability? If the former it presents less of a unique problem for free content---it's already the case that free content's reuse is restricted in some ways in some countries due to particular legislation, and we can't do a whole lot about that.
The question is whether the author releasing a work under a free content licence would constitute permission to remix under French moral rights legislation. I suspect this would require case law. And if the answer turned out to be "no," then no French citizen could legally create a free content work, and Wikimedia would not be able to have contributors from France. WMF may care to work very hard against this eventuating.
The claim by John Huston's estate over the colorization of "The Asphalt Jungle" succeeded in France but failed in the United States.
Ec