[Foundation-l] Moral rights

Fred Bauder fredbaud at fairpoint.net
Sun Feb 27 17:17:39 UTC 2011


> French authorship rights law:
>
> Article L121-1
>        An author shall enjoy the right to respect for his name, his
> authorship and his work.
>        This right shall attach to his person.
>        It shall be perpetual, inalienable and imprescriptible. It may
> be transmitted mortis causa to the heirs of the author.
>        Exercise may be conferred on another person under the
> provisions of a will.
>
> http://195.83.177.9/code/liste.phtml?lang=uk&c=36&r=2497
>
> "perpetual, inalienable and imprescriptible" means that they cannot be
> waived. It also means that they are enshrined in French law as dearly
> as human rights.
>
>
> In my opinion, the people who want to attack this, are on a sloppery
> slope where the next step is when they request you to waive your human
> rights.

Nothing is enshrined in French law as dearly as human rights...

It would seem that the right to license one's own work as one chooses is
one of those rights. How does French law resolve that conflict?

Surely after 200 years there should be some illustrative cases.

Fred






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