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David Brownell wrote: > While I believe that's true in much (all?) of Europe, this > is an area where US and European laws say different things > about Intellectual Property. In the US it's quite clear > that morality and law are unrelated ... ;-) Nope. The U.S. has now joined the Berne convention, which means it has adopted the moral-rights-for-visual-artists clauses of it through the Visual Artists Protection Act of 1990. > Speaking of which, I've always wondered exactly what those > European "moral rights" of authors (etc) are. Could someone > give me a URL for a good summary? The two basic moral rights are the paternity right (the right to be known as the creator of a work, and to <em>not</em> be identified as the creator of a distorted or mutilated version of the work) and the integrity right (the right to prevent the work from being destroyed, unless it is affixed to a building, in which case it can be destroyed when the building is). Obviously the second right is more appropriate for "thing" rather than "pattern" works, e.g. paintings and sculptures, not books or movies or phonorecords or software. It turns out that the Berne convention on paper grants both types of rights to all creators, but allows any country to opt out of moral-rights clauses for authors: the U.S. has done so de facto by never enacting enabling legislation. In the U.K. such rights are very weak, de facto nonexistent. Considering the importance of these markets, international protection for the moral rights of authors is lacking. BTW, in this context the opposite of "moral right" is "economic right": both kinds are legal rights under the Berne convention. -- John Cowan http://www.ccil.org/~cowan cowan@c... You tollerday donsk? N. You tolkatiff scowegian? Nn. You spigotty anglease? Nnn. You phonio saxo? Nnnn. Clear all so! 'Tis a Jute.... (Finnegans Wake 16.5) xml-dev: A list for W3C XML Developers. To post, mailto:xml-dev@i... Archived as: http://www.lists.ic.ac.uk/hypermail/xml-dev/ To (un)subscribe, mailto:majordomo@i... the following message; (un)subscribe xml-dev To subscribe to the digests, mailto:majordomo@i... the following message; subscribe xml-dev-digest List coordinator, Henry Rzepa (mailto:rzepa@i...)
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