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487e1a40@news.povray.org...
> I would disagree with this, actually - just look at how copyright has
> been extended over the years for everyone in order to protect Mickey
> Mouse (and I'm serious about that one). In the US, there is "implied
> copyright" which means even if the author doesn't declare a copyright,
> the author's work is covered by copyright law and they have rights to
> their creation.
The Bono act is about copyright (in this case corporate copyright). Again,
the US tradition is (rather exclusively) about copyright (patrimonial
rights), not moral rights. It would be interesting to know what kind of
moral rights have the individual Disney artists on the characters they
created as Disney employees... While patrimonial rights are attached to the
work itself, moral rights are attached to the author (or to the author's
heirs) as a person. These rights are permanent, cannot be revoked and can
only be transmitted to a third party after the author's death. If I create
something, my moral rights remain intact whatever rights I grant to somebody
else.
As Warp says, I "own" my work, not so much as a property (copyright), but as
an extension of myself and my personality (the French actually use the word
cannot say "I can do whatever I want with this creation because the rights
were transferred to me by the author", because one cannot buy the moral
rights from a living author (or from the author's heirs, see the case of the
Carmen Jones movie that was forbidden in Europe for several decades). For
instance, in French law, an author has a "right to repent" and can cancel
any patrimonial rights that were granted to third parties and remove the
work from public circulation. In other words, in this tradition, moral
rights trump patrimonial rights. The goblins in Harry Potter are extreme
moral rights activists, as they consider that every object they've done is
theirs forever, no matter who buys it... A case example of the difference
has been the controversy around film colourisation
(http://www.caslon.com.au/mrcasesnote2.htm) (this is getting off-topic btw).
G.
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