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

Birgitte SB birgitte_sb at yahoo.com
Sun Apr 22 04:24:47 UTC 2007

--- Stephen Bain <stephen.bain at gmail.com> wrote:

*<previously snipped by Delirium
<delirium at hackish.org> wrote:

*> What is somewhat unclear to me is to what extent
*> other countries' 
*> moral-rights legislation is enforceable outside
*> their countries.  Can it 
*> be safely ignored by those in countries that lack
*> such laws, much like 
*> Turkey's laws against "insulting Turkishness" are
*> ignored outside 
*> Turkey, or is it worldwide in legal applicability? 
*> If the former it 
*> presents less of a unique problem for free
*> content---it's already the 
*> case that free content's reuse is restricted in
*some ways in some 
*> countries due to particular legislation, and we
*> can't do a whole lot 
*> about that.

> On 4/22/07, Birgitte SB <birgitte_sb at yahoo.com>
> wrote:
> >
> > Moral rights are not some oddball local law, but
> > well-recognized area of international copyright
> law
> > acknowledged in the Berne convention.  This is not
> at
> > all like "insulting Turkishness" were it is best
> to
> > just claim a different jusristiction and pretend
> it
> > doesn't exist.  Not if you want to maintain any
> > integrity as an international movement anyways.
> The idea of moral rights is part of the Berne
> Convention, and the
> United States is unusual among signatories in not
> completely
> recognising them.
> However the Convention leaves it completely up to
> the signatories to
> implement moral rights into their local law, and
> this has produced
> some wildly different results. French law is
> commonly held up as an
> extreme example but really the difference is between
> the civil law
> states (which love moral rights) and the common law
> states (which are
> skeptical).

I understand this, but I am not sure what your point
is in relation to the previous messages.  Are you
supporting the idea that moral rights are of the same
importance as the "insulting Turkisness" law and
should be ignored by claiming US juristiction?

Birgitte SB

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