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CC, Open Access, and moral rights

Kaitlin Thaney, November 7th, 2007

From the Science Commons blog:

“A question that we often see in connection with the use of Creative Commons licenses in OA publishing is how the Creative Commons licenses, (and in particular CC-BY) affect moral rights. One example is this post on the topic by Peter Suber.

From the perspective of moral rights, the Creative Commons licenses start with a simple proposition: They don’t affect moral rights. The Creative Commons FAQ says that, “All Creative Commons licenses (with the exception of Canada) leave moral rights unaffected.”

Although we are frequently used to talking about concepts such as “moral rights” as if they are the same everywhere, most lawyers are well aware that all laws are local, meaning that they have jurisdictional limits and variations. [...]

[...]  So one question comes up a lot: how is it consistent to have a license (such as CC-BY) that allows derivative works to be made while at the same time recognizing that the author reserves his moral rights? Isn’t any derivative work an infringement of moral rights, when they exist? [...]“

To read this post in its entirety, click here.

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