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

Michael Snow wikipedia at att.net
Sat Apr 21 18:21:35 UTC 2007

Stephen Bain wrote:

> [1] The French law seems to suggest that the moral rights can actually
> be devised, rather than merely subsisting in the estate, but that goes
> at odds with the idea that they're inalienable.

If I understand the French law correctly, I believe it indicates that 
the authority to enforce the rights can be passed to a designee, but 
that the rights would presumably remain with the estate itself. For 
example, there are several agencies set up to watch over the licensing 
rights of various artists' estates, and I imagine some might have been 
specifically authorized to handle moral rights issues as well.

The result could be that a designee would file the lawsuit to protect 
the wishes of the deceased artist, but that any damages would go to the 
actual heirs. But I'll defer to any French lawyer who understands the 
interpretation better.

--Michael Snow

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