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Re: About social balances


From: Benno
Subject: Re: About social balances
Date: Tue, 8 Nov 2005 03:31:50 +1100
User-agent: Mutt/1.5.9i

On Mon Nov 07, 2005 at 11:29:03 -0500, Jonathan S. Shapiro wrote:
>On Mon, 2005-11-07 at 16:53 +0100, Alfred M. Szmidt wrote:
>>    It is interesting that you think so, because this makes you very
>>    European :) In European law, there is a "right by nature" for an
>>    author to control the use of his work.  This right can not be sold
>>    or forfeited.
>> 
>> Droits moraux and similar laws only applies in France and Germany; I
>> think.  I haven't see such a thing in UK, Polish or Swedish law.  And
>> I don't think it is something dictated by the EU.
>
>I knew about France. I didn't know that it existed in Germany.
>
>I don't believe in "droits moraux". I have no objection to the idea that
>there might exist some right of an author that is separate from
>copyright, but the idea that this right is not transferable seems like a
>mistake.

The wikipedia article on Moral_rights seems to be a good introduction to the
topic, and the moral rights are separate from the `moral' rights, and at
least in some jurisdictions it can not be transferred. (Although that
doesn't stop IP contracts here have clauses that ask you to transfer those
rights, even though by law you can't transfer those rights.)

Benno

Disclaimer: IANAL, I am talking about Australian law




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