On 4/20/07, Delphine Ménard
<notafishz(a)gmail.com>
wrote:
On 4/20/07, Birgitte SB
<birgitte_sb(a)yahoo.com>
wrote:
> Based on the definition [1] promoted by WMF, I
am
> wondering if free content exists in France
where
moral
> rights are inalienable, perpetual and
inviolable.
I'm sorry, but in the definition, I seem to miss
the part where free
content is tied to the "loss of' or
'giving up"
one's moral rights?
Could you point me to it?
Thank you.
Delphine
--
~notafish
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In many countries, the moral rights can't be waived
or renounced (in
Mexico you can't). But those are not the rights that
licenses deal
with, but "patrimonial" (not sure about the proper
translation)
rights.
No matter how free is the image, the author will
always remain the
author. That's nothing to do with freeness.
The question arises in juristictions were they can be
waived. Whether works which still maintian perpetual
moral rights or their equivalent in a juristition
where other works do not are free content. I asked
the question as I did because it is the extreme
situation. Where the rights are perpetual and cannot
be waived. And the reasoning to justify the extreme
situation can be applied universally to evalute other
the freedom of other works.
Birgitte SB
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