AW: [Fsfe-france-gpl] Re: GPL and Author law

[Till Jaeger]

Hello,

you can find some information in our article in English (IIC, vol.32 1/2001;
http://www.tilljaeger.de/art10.pdf, page 13 - 15; but very huge file!) or in
German: GRUR Int. 1999, 839; http://www.ifross.de/ifross_html/art1.html).

Best regards

Till

------Ursprungliche Nachricht-----
-Von: address@hidden
-[mailto:address@hidden Auftrag von Loic Dachary
-Gesendet: Montag, 24. Juni 2002 12:11
-An: Rudy Gevaert
-Cc: address@hidden; address@hidden
-Betreff: [Fsfe-france-gpl] Re: GPL and Author law
-
-
-Rudy Gevaert writes:
- > Hallo,
- >
- > I have a little question concerning the GPL.
- >
- > As stated in the Berner convention about the author law, you have two
- > kind of rights in the author law: the moral rights and the ability
- > rights(? the right of reproduction, public announce right, ...).
- >
- > You can give away your ability rights, but you always get to keep your
- > moral rights.  But what when I release my software under the GPL?
-
-       The Berne convention
-
-http://www.wipo.int/clea/docs/en/wo/wo001en.htm
-(see also contracting parties
-http://www.wipo.org/treaties/documents/english/pdf/e-berne.pdf)
-
-       says:
-
---------------------------------------
-Article 6bis
-
-[Moral Rights: 1. To claim authorship; to object to certain
-modifications and other derogatory actions; 2. After the author's
-death; 3. Means of redress]
-
-      (1) Independently of the author's economic rights, and even
-          after the transfer of the said rights, the author shall have
-          the right to claim authorship of the work and to object to
-          any distortion, mutilation or other modification of, or
-          other derogatory action in relation to, the said work, which
-          would be prejudicial to his honor or reputation.
-
-      (2) The rights granted to the author in accordance with the
-          preceding paragraph shall, after his death, be maintained,
-          at least until the expiry of the economic rights, and shall
-          be exercisable by the persons or institutions authorized by
-          the legislation of the country where protection is
-          claimed. However, those countries whose legislation, at the
-          moment of their ratification of or accession to this Act,
-          does not provide for the protection after the death of the
-          author of all the rights set out in the preceding paragraph
-          may provide that some of these rights may, after his death,
-          cease to be maintained.
-
-      (3) The means of redress for safeguarding the rights granted by
-          this Article shall be governed by the legislation of the
-          country where protection is claimed.
---------------------------------------
-
-
-       Some countries such as the US made an exception that
-invalidates Article 6bis. In other countries such as France the author
-of a program cannot, under any circumstances, transmit her moral
-rights to anyone. Publishing a software under the GNU GPL in France, for
-instance, has no effect on the moral rights. The Berne convention allows
-the authors to use their moral rights in every countries that did not
-discard the Article 6bis.
-
-       A lawyer can confirm this if needed, with a wording that is
-possibly more convincing ;-)
-
-       Cheers,
-
---
-Loic   Dachary         http://www.dachary.org/  address@hidden
-12 bd  Magenta         http://www.senga.org/      address@hidden
-75010    Paris         T: 33 1 42 45 07 97          address@hidden
-        GPG Public Key: http://www.dachary.org/loic/gpg.txt
-
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