[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." (

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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