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Me KITZLEN
Joined:
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04-Oct-2004
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Started On : 21-Mar-2006 at 01:08:17 AM, #Views : 6233
Topic Subject : Re: Re: copyright |
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Sorry, coming in a bit late on this one . . .
Not sure if you have "moral rights" (in the legal sense) in the USA, but for Guy Louis-XVI there certainly are some rights (as someone else commented about the 'festive' geese).
Moral rights are also not automatically transferred with other IP rights (e.g. copyright -the reverse of many book title pages declares the copyright as the publisher's but 'asserts' the author's moral rights). (Indeed rights may not be transferable at all, just capable of being (specifically) 'waived'.)
There is a (Canada-centric) discussion at http://www.zvulony.com/moral_rights.html
"14.1 (1) The author of a work has, subject to section 28.2, the right to the integrity of the work and, in connection with an act mentioned in section 3, the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous."
"28.1 Any act or omission that is contrary to any of the moral rights of the author of a work is, in the absence of consent by the author, an infringement of the moral rights."
. . . and whatever your 'local' (national) rights anyone who wishes to do something that may be against a creator's moral rights would have to consider whether they are publishing the results in another jurisdiction (quite easy with the Web!). So if there are no such rights in Ruritania and a Ruritanian sculptor has his work 'published' on the media of the Ruritanian News Network to viewers in a country with moral rights legislation (or with stronger legsilation) then the sculptor might have a claim in the second state(?), certainly he has a good 'moral' argument.
Certainly you need a deep pocket (or a good 'rights society' to back you) or a socially conscious (i.e. "we don't want embarassing allegations against us") adversary.
All that said the ability to live serenely with that which one cannot change may an option!!
Good luck,
KITZLEN
(no email: http://kitzlen.com/contact )
(Certainly beloging to a good artists' rights society is a good idea ... !)
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