[Foundation-l] Decision on Creative Commons 3.0

Alison Wheeler wikimedia at alisonwheeler.com
Sun Jun 3 09:13:01 UTC 2007


On Sun, June 3, 2007 05:09, David Gerard wrote:
> That's begging the question. Where they've written moral rights into
> the copyright license, I'd question whether it is free content.
> I have (and see so far) no objection to the CC pd, by, sa and by-sa
> 3.0 licenses *without* the moral rights jammed into the license
> itself.

Thing is, as I read it (ianaleither but I've been around UK copyright and
moral rights a long time) all they have done is make explicit in their
version 3 licence what already exists in law. Copyright and Moral Rights
exist together but also separate and whilst older CC licences have dealt
with the Copyright aspect they've ignored the Moral Rights side. Given
that the law (well, the UK one - Copyrights, Designs and Patents Act) is
quite explicit that the Moral Rights exist then to add an initial 'yes we
recognise that moral rights exist' into the new licence seems a very
sensible thing to do. And given that those terms are not adding or
subtracting anything from the status quo on moral rights then I fail to
see why the concern.

Alison Wheeler




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