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Moral rights: Difference between revisions

720 bytes added ,  6 March 2004
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'''Moral rights''' are a [[Consumerium:legal|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.
'''Moral rights''' are a [[Consumerium:legal|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.


[[Copyright]] is generally the only field of law where this really applies - 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 garden]]ing.
The [[GFDL]] makes some attempt to reflect moral rights in its [[Consumerium:attribution|attribution]] clause, and the capacity to include [[Front-Cover Text]], [[Back-Cover Text]], and [[Invariant Section]]s, which may contain some expression of authentication, like a [[Consumerium:digital signature|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 [[Consumerium:dual-license text|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 garden]]ing.


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.
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.
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