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

[Birgitte SB]

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 at 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:
> 1. 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_Artistic_Works/Articles_1_to_21#Article_6bis
> 
> Yours cordially,
> Jesse Martin (Pathoschild)
> 
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> foundation-l at lists.wikimedia.org
>
http://lists.wikimedia.org/mailman/listinfo/foundation-l
> 


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