[Foundation-l] Re-licensing
Anthony
wikimail at inbox.org
Fri Jan 23 04:06:04 UTC 2009
On Thu, Jan 22, 2009 at 10:31 PM, Mike Godwin <mnemonic at gmail.com> wrote:
> Anthony writes:
>
> > A legal right is recognized by law. A moral right may not be.
>
> This must be your own idiosyncratic application of the term "moral
> right." In copyright, "moral rights" refers to inalienable legal
> rights that are recognized in law. If you are in a jurisdiction that
> does not recognize "moral rights," then you don't have them, by
> definition.
>
In ethics, "A moral right is a morally justified claim. A legal right is a
legally justified claim. When one uses the term "right" without specifying
the nature of the justification, one usually means a moral right." (
http://www.onlineethics.org/CMS/glossary.aspx?letter=R)
Confusing, perhaps, since the term "moral rights" (almost always plural) has
another definition in copyright law.
> > Barring a license to use my content in that way, sure. Just like a
> > film
> > director has a basis to demand "the last solo credit card before the
> > first
> > scene of the picture".
>
> Excuse me? Film directors don't have any legal right to such a
> "credit card" (I assume you mean "credit"). They may negotiate for
> such a credit through contract, but they don't have it in the absence
> of a contract.
>
In the absence of a contract, there wouldn't be a film. And no, I mean
"credit card", as in a type of "title card". It's film jargon, derived no
doubt by the fact that they used to be printed on cards.
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