Clearly, it is not strange, it is the french vision of copyright :
author's rights... meant to protect authors from pressure of their
editors, etc.
It is not specially better or worse :) But it is different and it is
important to know it if you want to set up a good policy.
Le 10 mai 05, à 21:48, Petr Kadlec a écrit :
On 5/10/05, Mark Williamson <node.ue(a)gmail.com>
wrote:
That is totally... strange.
Well, not really, I believe similar provisions are in many other law
systems. E.g. in Czechia, our Copyright Act reads:
Article 11:
(4) The author may not waive his personal rights; these rights are
non-transferable and become extinct on death of the author. The
provision of paragraph (5) shall not be affected.
(5) After the death of the author no other person may claim authorship
of the work; the work may be used only in a manner which does not
depreciate its value and, unless the work is an anonymous work, the
name of the author, if known, must be indicated. Protection may be
claimed by any of the author's kin 1); they shall maintain this
authorisation even after the passage of the term of economic rights to
copyright. Such protection may at any time be claimed also by the
legal entity associating authors or by the relevant collective
administrator of rights in accordance with this Act (Art. 97).
Article 26:
(1) Economic rights may not be waived by the author; such rights are
not transferable and are not subject to the execution of a ruling;
this provision shall not apply to claims arising from such economic
rights.
Article 46:
(2) The author may not grant authorisation to exercise the right to
use the work in a manner which has not been known at the time of the
conclusion of the agreement.
...etc. The point is IMHO (IANAL) to protect the author from being
coerced into an unprofitable agreement -- you know, you meet that
Hollywood agent, he offers you a "generic EULA" containing fifty pages
of petite text...etc. Not that I would think the law is correct;
especially from the viewpoint of free software/free content, it is
definitely close-minded.
-- [[cs:User:Mormegil | Petr Kadlec]]
_______________________________________________
Wikipedia-l mailing list
Wikipedia-l(a)Wikimedia.org
http://mail.wikipedia.org/mailman/listinfo/wikipedia-l