[Cdn-DMCA] Derivative works: "Moral rights" and "Monopoly privilege"

Tom Trottier 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[0]).

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.

Tom
------- Quidquid latine dictum sit, altum viditur -----------------
   ,__@	Tom A. Trottier +1 613 860-6633 fax:231-6115
 _-\_<,	758 Albert St.,Ottawa ON Canada K1R 7V8	
(*)/'(*)	ICQ:57647974 N45.412 W75.714
---------------------------------------------------------------------
Laws are the spider's webs which, 
if anything small falls into them they ensnare it, 
but large things break through and escape.
	--Solon, statesman (c.638-c558 BCE)

--
For (un)subscription information, posting guidelines and
links to other related sites please see http://www.flora.org/dmca/



More information about the Discuss mailing list