[Foundation-l] Moral rights

Teofilo teofilowiki at gmail.com
Fri Mar 4 11:05:11 UTC 2011


2011/2/27 Birgitte SB <birgitte_sb at yahoo.com>:
> No one wants to attack French moral rights, or the attack the idiosyncrasies of
> any particular legal jurisdiction.  What we want to do is curate a large
> international collection of free content that will remain free content 300 years
> from now after all of us are dead and can no longer be personally vigilant
> regarding those who might try to restrict the descendants of our collected
> content from others.  What is it that you want to do?
>
> Birgitte SB
>

No one ? I would not say so. I would rather say that 75.8% (1) want to
attack moral rights, which are not French only (3), and, as I showed
in my previous mail, are a value taken into account in Wikimedia
projects in such documents as
http://commons.wikimedia.org/wiki/COM:OTRS#Declaration_of_consent_for_all_enquiries

It might have become a core value of the Wikimedia communities. But if
community leaders lead the community into the wrong way... you end up
with a 75.8 majority going into the wrong way.

"you hereby agree that such credit is sufficient in any medium" (2)
means that creators are no longer attributed personally.

(1) http://meta.wikimedia.org/wiki/Licensing_update/Result
(2) http://meta.wikimedia.org/wiki/Licensing_update
(3) For example Spanish copyright law article 14 "derechos
irrenunciables e inalienables (...) Exigir el reconocimiento de su
condición de autor de la obra"

http://civil.udg.es/normacivil/estatal/reals/Lpi.html

They are also provided an international recognition in the Berne
Convention Article 6bis : "Independently of the author's economic
rights, and even after the transfer of the said rights, the author
shall have the right to claim authorship of the work and to object to
any distortion, mutilation or other modification of, or other
derogatory action in relation to, the said work, which would be
prejudicial to his honor or reputation."

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P123_20726



More information about the foundation-l mailing list