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

Ray Saintonge saintonge at telus.net
Sat Apr 21 08:32:17 UTC 2007

Delphine Ménard wrote:

>On 4/20/07, Jesse Martin (Pathoschild) wrote:
>>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?
>This is exactly what came to my mind when reading the bit Birgitte pointed out.
>The part that says:
>"regardless of the intent and purpose of such modifications. " seems
>to be at best an ideal, at worst requiring the impossible, considering
>all you pointed out.
I would very much like to see how the courts have interpreted moral 
rights, and how far they are prepared to go in applying them.  They are 
at least very weak in the United States where they have accepted parody 
as fair use.

Also if moral rights are to continue in perpetuity, who has a right of 
action.  If someone were to publish a pornographic version of the 
correspondence between Héloise and Abelard who would be in a position to 
file a complaint about them.  They are not known to have any 
descendants.  Perhaps the Catholic Church? :-)


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