[Clipart] Misunderstanding about CC0/PD
jcubic at onet.pl
Thu Jul 4 05:26:57 PDT 2013
Yes you are right, the name for the thing is Moral Right, in exact translation it will be Authoring Peronal Right,
but I wanted to use google translation to translate the wiki page and it translate it to Moral Right the same
English link point to the wiki page you send. Sorry I was confised by the name.
W dniu 2013-07-04 11:04:18 użytkownik S.Kemter <sirko.kemter at gmail.com> napisał:
Jakub, there are no 2 copyrights, the copyright is only the one side. It's simple the material rights and the moral rights. The copyright as the name himself says is the right to do copies of a work and you need copies to make business.
The other side are the so called moral rights
the attribution on the end, as the moral right is naturally it can not transferred. As you state Beethovens 9th will always be Beethovens 9th. Copyright can be transferred what means you can sell it, gift it and bequeath it.
Normally or in most of the cases both rights the material and the moral are on the begin in possession of the creator/inventor. There are cases where the material rights is automatically transferred. When I e.g. do something during my paid work, the copyright is hold automatically from my company but I am still and for all times the holder of the moral rights.
The only problem here is, that Nicu not reads not §1 ii of http://creativecommons.org/publicdomain/zero/1.0/legalcode - moral rights retained by the original author(s) and/or performer(s)
He interprets the on http://openclipart.org/may-clipart-be-used-comparison written "Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image." That you give up the moral right of attribution, what is not the case. What is not possible in Germany as in Poland (there law traditions are heavily french).
The problem here is simple a misunderstanding of what a thing is, for Nicubunu is manslaughter a murder case or impression is for him attribution, what is not the case
2013/7/4 jcubic <jcubic at onet.pl>
In Poland there are two types of copyright commercial and personal, commercial is when
you get money from the work you can give it to someone else or sell it if you want. But
you can't waive personal copyright, you will always be the person that create the work
like with PD license. Is like with Bethoven he will always be the author of 9th Symphony
even if no one own the copyright it's Public Domain work. No one can take it and say he
create it, but anyone can get money out of it and use any way he want.
W dniu 2013-07-03 22:09:35 użytkownik Nicu Buculei <nicu_gfx at nicubunu.ro> napisał:
> I had a long debate with a top contributor, Sirko Kemter
> (http://openclipart.org/user-detail/gnokii). He is unhappy people are
> using his works without credits and even passing them as their own works.
> I pointed this is allowed by our license CC0/PD, even if not nice is
> totally legal. Sirko disagree: he's from Germany, one of the countries
> where moral rights can't be waived (they can't be even in my own country),
> so he feels our license does not fully apply to him.
> I am posting here hoping he will reply clarifying a possible
> misunderstanding. Else, if he disagree with our policies here
> http://openclipart.org/may-clipart-be-used-comparison (especially "Use or
> display an Image in such a manner that gives the impression that the Image
> was created by you or a person other than the copyright holder of that
> Image") then I believe we will have to mark all his uploads as pd_issue.
> nicu :: http://nicubunu.ro :: http://nicubunu.blogspot.com
> clipart mailing list
> clipart at lists.freedesktop.org
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make me rich, buy my Inkscape book http://is.gd/yq5OD0 ;)
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