[Foundation-l] [slightly OT] how to make a nice(r) copyright law for Europe...

[geni]

On 28 April 2010 18:06, Mathias Schindler <mathias.schindler at gmail.com> wrote:
> http://www.copyrightcode.eu/
>
> The European Copyright Code is the result of the Wittem Project that
> was established in 2002 as a collaboration between copyright scholars
> across the European Union concerned with the future development of
> European copyright law. The project has its roots in an International
> Network Program run by three Dutch universities (Radboud University of
> Nijmegen, University of Amsterdam and Leiden University), and
> sponsored by the government-funded Dutch ITeR Program.
>

And it shows. It's as if someone took all the worst elements of
Napoleonic code style copyright and turned them up to 11.

I mean it starts badly at (1) where it tries to define what a work is.
I'm pretty sure we have courts for such matters. It does so rather
badly although (3)  fixes some of the more glaring issues.

(2)h defines "Collections, compilations and databases." being subject
to copyright which is bad but the general idea of trying to define
what types of media should be protected by copyright has been shown to
be flawed by advancing technology.


Art. 1.2 – Excluded works basicaly translates as the government can
destroy your copyright.

 Art. 2.2 – Moral rights

(1) The author of the work has the moral rights.

(2) Moral rights cannot be assigned.

Bad

 Art. 3.4 – Right of integrity

 (1) The right of integrity is the right to object to any distortion,
mutilation or other modification, or other derogatory action in
relation to the work, which would be prejudicial to the honour or
reputation of the author.

Bad

 Art. 3.5 – Consent

The author can consent[28]not to exercise his moral rights.[29]Such
consent must be limited in scope

zee "Such consent must be limited in scope" is problematical

-- 
geni