[Foundation-l] Moral rights

Teofilo teofilowiki at gmail.com
Fri Mar 4 12:51:32 UTC 2011


2011/3/4 Teofilo <teofilowiki at gmail.com>:
(...)
> (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
>

See also the Japanese copyright law article 19 "the author shall have
the right to determine whether his true name or pseudonym should be
indicated or not, as the name of the author, on the original of his
work or when his work is offered to or made available to the public.
The author shall have the same right with respect to the indication of
his name when works derived form his work are offered to or made
available to the public"

http://www.cric.or.jp/cric_e/clj/cl2_1.html#cl2_1+SS2

coupled together with article 59 "Moral rights of the author shall be
exclusively personal to him and inalienable." Inalienable means they
can't be either sold or waived.": incapable of being alienated,
surrendered, or transferred "
http://www.merriam-webster.com/dictionary/inalienable

http://www.cric.or.jp/cric_e/clj/cl2_2.html#cl2_2+S5

So it is not just a crazy French or European thing. How can so many
countries' legislatures be wrong ?



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