Although I disagree with Pathsochild's belief that moral rights are not attached to work. A different way to answer this with the same result is to say that the Free Content definition only applies to ordinary copyrights and the status of any moral, prerogative, or other unusual rights is irrelevent. Currently freedomdefined.org has no disscussion of these issues, so we are at an impasse on how to interpret it.
Birgitte SB
--- "Jesse Martin (Pathoschild)" pathoschild@gmail.com wrote:
Hello,
This question is related to a debate* on the English Wikisource, summarised hence.
Currently, based on the Free Content definition*, the copyright policy* requires that a work's licensing allow it to be "freely viewed, used, distributed, modified, and exploited by anyone, in any form, and for any purpose (including commercial exploitation) without exception and without limitation (except as explicitly allowed [by the copyright policy])".
Given that moral rights include the right to attribution and the right to object to modification of one's work (independently of copyright and even after the transfer or expiry of copyright)*, and given that a significant portion of the English-speaking world recognizes moral rights, does this mean that the copyright policy and definition require impossible freedoms?
For example, this would mean that all works on Wikisource (including those in the public domain) would either:
- be retagged to require attribution and prohibit
changes or derivatives; 2. be deleted.
I disagree with this assertion. I consider moral rights to be legal restrictions in some jurisdictions, much like anti-hate propaganda legislation in Canada, and not "attached" to a work as copyright is. However, I am not a lawyer nor particularly aware of the intricacies of copyright, and would appreciate input from the wider Foundation community.
- debate:
http://en.wikisource.org/wiki/Wikisource:Scriptorium#Moral_rights
- definition: http://freedomdefined.org/Definition
- copyright policy:
http://en.wikisource.org/wiki/Wikisource:Copyright_policy
- Moral rights in Europe:
http://en.wikisource.org/wiki/Convention_for_the_Protection_of_Literary_and_...
Yours cordially, Jesse Martin (Pathoschild)
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