[Cdn-DMCA] Derivative works: "Moral rights" and "Monopoly privilege"
Tom at Abacurial.com
Fri Apr 5 16:02:09 EST 2002
On Friday, April 05, 2002 at 11:32, Chris Brand
wrote re "Re: [Cdn-DMCA] Derivative works: "Moral rights" a" saying:
> >Copyright is not a moral right. The only true moral rights in this
> >arena are the right to have your work attributed to you, and the right
> >to not have the work of others wrongly attributed to you. They are
> >moral rights because they are intended to enforce honesty and honesty
> >is a moral principle. Referring to any further protections as moral
> >rights (which admittedly, the current law does) undermines the very
> >notion of morality (in much the same way that referring to sexual
> >practices as morality does).
Also includes "honesty" of presentation - no extra ribbons, changing,
degrading of the artist's authorised work. But new art which refers
to it should be allowable - vis "American Gothic" take-offs.
> I had some ideas for an organization name, too, that I'm going to fire out
> in the hope that they inspire somebody to come up with something good:
> Canadians for Balance in Copyright
> Canadians for Reasonable Intellectual Property Legislation (CRIPL)
Fair Use of Canadian Knowledge? (oh-oh, bad acronym...)
Access Rights Group?
I think that libraries and universities share many of our concerns.
Is there already an organisation around the issue?
> we'd have to decide early whether to restrict ourselves to copyright issues
> or to have a broader IP scope. My gut feeling is that it makes sense to
> consider all IP as on-topic. The focus today is on copyright but many of
> the same arguments apply to patents.
Patents are somewhat different because mechanisms are not as easily
reproduced as bits are. There are also more issues - genes, drugs,
... which have strong constituencies among firms and the public.
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