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

Ray Saintonge saintonge at telus.net
Sun Apr 22 05:48:28 UTC 2007

David Gerard wrote:

>On 21/04/07, 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.
>The question is whether the author releasing a work under a free
>content licence would constitute permission to remix under French
>moral rights legislation. I suspect this would require case law. And
>if the answer turned out to be "no," then no French citizen could
>legally create a free content work, and Wikimedia would not be able to
>have contributors from France. WMF may care to work very hard against
>this eventuating.
The claim by John Huston's estate over the colorization of "The Asphalt 
Jungle" succeeded in France but failed in the United States.


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