[p2p-research] Choosing the copyfarleft for the P2P Foundation coop

[Dennis E. Hamilton]

I'm not sure this is in all CC licenses unless it is part of the 3.0
versions.  This may be part of the regionalization of CC.

In some copyright regimes, there are specific provisions regarding the
reputation of the artist and the integrity of the work, as it were.  My
sense is that this limitation is on the free CC license in respect of those
considerations.  They are called "moral rights" and it is a bit like proving
libel and slander and how that works from place to place.  It might not be
possible to waive moral rights where they arise automatically as part of
copyright.  In any case, the generic CC license deeds indicate that any such
rights  are not waived by the CC license.  I don't it attempts to add them,
but to simply affirm they are not waived where they exist.

Here's the thumbnail about this for the generic Creative Commons Attribution
3.0 deed at <http://creativecommons.org/licenses/by/3.0/>:


"In addition to the right of licensors to request removal of their name from
the work when used in a derivative or collective they don't like, copyright
laws in most jurisdictions around the world (with the notable exception of
the US except in very limited circumstances) grant creators "moral rights"
which may provide some redress if a derivative work represents a "derogatory
treatment" of the licensor's work."

In litigation around a dispute where moral rights were claimed as part of
the license, a US Federal Court would determine whether or not free speech
(and also fair use) dominated.  But you'd have to end up in court to
determine the specific case.  I suspect that it would be easier in other
jurisdictions where such a clause was enforceable and moral rights are
inherent.

 - Dennis

-----Original Message-----
From: p2presearch-bounces at listcultures.org
[mailto:p2presearch-bounces at listcultures.org] On Behalf Of Samuel Rose
Sent: Friday, December 24, 2010 11:13
To: Franco Iacomella
Cc: p2p research network
Subject: Re: [p2p-research] Choosing the copyfarleft for the P2P Foundation
coop

On Fri, Dec 24, 2010 at 2:06 PM, Franco Iacomella
<franco at freeknowledge.eu> wrote:
> El 24/12/10 13:52, Samuel Rose escribió:
>>
>> What is the criteria that determines whether a person or entity that
>> re-uses is in violation of "distort, mutilate, modify or take other
>> derogatory action in relation to the Work which would be prejudicial
>> to the Original Author’s honor or reputation"?
>>
>> The above seems to be headed in the direction of curtailing freedom of
>> speech and expression to me.
>>
>
> That paragraph is not specific of the Peer Production License, is just
taken
> from CC BY-NC-SA:
http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
>
> best,
>

You are right, looks like it is part of all CC licenses.



>
> --
> Franco Iacomella
>



-- 
--
Sam Rose
Future Forward Institute and Forward Foundation
Tel:+1(517) 639-1552
Cel: +1-(517)-974-6451
skype: samuelrose
email: samuel.rose at gmail.com
http://forwardfound.org
http://futureforwardinstitute.org
http://hollymeadcapital.com
http://p2pfoundation.net
http://socialmediaclassroom.com

"The universe is not required to be in perfect harmony with human
ambition." - Carl Sagan

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