Moral rights

From Consumerium development wiki R&D Wiki
Jump to navigation Jump to search

Moral rights are a legal issue. In some countries, even when all rights are signed away, including even the moral rights, the moral rights remain with the creator anyway. For instance, in Canada, no contract can remove the right of a film-maker to sue for a presentation of his or her film that changes its meaning - that is a moral right that they retain.

The GFDL makes some attempt to reflect moral rights in its attribution clause, and the capacity to include Front-Cover Text, Back-Cover Text, and Invariant Sections, which may contain some expression of authentication, like a signature, or the author's will regarding the document. But there is no provision to follow such instructions in disposing or editing it. They can simply be placed so as not to be removed. The Creative Commons board is considering some moral rights reflection in their licenses as well, in part to make it easier to dual license texts under both GFDL and a CC license.

Copyright is generally the only field of law where moral rights apply - there are usually no moral rights in a patent or trademark because those are not so closely associated to one person's individual capital. They are also not usually very strong for non-fiction. Whereas in a creative work, the artist's reputation as an artist may be on the line, affecting their future work or opportunities. In Canada this is considered part of the right of free expression along with various other rights such as wild gardening.

This troll-friendly legal attitude may be a factor in deciding where to locate some Consumerium Services or the jurisdiction referred in the Consumerium License. If it's desirable to retain moral rights, versus not, that would indicate the copyright contract must be in one type of place or another.