Hello,
you can find some information in our article in English (IIC, vol.32 1/2001; http://www.tilljaeger.de/art10.pdf, page 13 - 15; but very huge file!) or in German: GRUR Int. 1999, 839; http://www.ifross.de/ifross_html/art1.html).
Best regards
Till
------Ursprungliche Nachricht----- -Von: fsfe-france-gpl-admin@gnu.org -[mailto:fsfe-france-gpl-admin@gnu.org]Im Auftrag von Loic Dachary -Gesendet: Montag, 24. Juni 2002 12:11 -An: Rudy Gevaert -Cc: discussion@fsfeurope.org; fsfe-france-gpl@gnu.org -Betreff: [Fsfe-france-gpl] Re: GPL and Author law - - -Rudy Gevaert writes: - > Hallo, - > - > I have a little question concerning the GPL. - > - > As stated in the Berner convention about the author law, you have two - > kind of rights in the author law: the moral rights and the ability - > rights(? the right of reproduction, public announce right, ...). - > - > You can give away your ability rights, but you always get to keep your - > moral rights. But what when I release my software under the GPL? - - The Berne convention - -http://www.wipo.int/clea/docs/en/wo/wo001en.htm -(see also contracting parties -http://www.wipo.org/treaties/documents/english/pdf/e-berne.pdf) - - says: - --------------------------------------- -Article 6bis - -[Moral Rights: 1. To claim authorship; to object to certain -modifications and other derogatory actions; 2. After the author's -death; 3. Means of redress] - - (1) Independently of the author's economic rights, and even - after the transfer of the said rights, the author shall have - the right to claim authorship of the work and to object to - any distortion, mutilation or other modification of, or - other derogatory action in relation to, the said work, which - would be prejudicial to his honor or reputation. - - (2) The rights granted to the author in accordance with the - preceding paragraph shall, after his death, be maintained, - at least until the expiry of the economic rights, and shall - be exercisable by the persons or institutions authorized by - the legislation of the country where protection is - claimed. However, those countries whose legislation, at the - moment of their ratification of or accession to this Act, - does not provide for the protection after the death of the - author of all the rights set out in the preceding paragraph - may provide that some of these rights may, after his death, - cease to be maintained. - - (3) The means of redress for safeguarding the rights granted by - this Article shall be governed by the legislation of the - country where protection is claimed. --------------------------------------- - - - Some countries such as the US made an exception that -invalidates Article 6bis. In other countries such as France the author -of a program cannot, under any circumstances, transmit her moral -rights to anyone. Publishing a software under the GNU GPL in France, for -instance, has no effect on the moral rights. The Berne convention allows -the authors to use their moral rights in every countries that did not -discard the Article 6bis. - - A lawyer can confirm this if needed, with a wording that is -possibly more convincing ;-) - - Cheers, - --- -Loic Dachary http://www.dachary.org/ loic@dachary.org -12 bd Magenta http://www.senga.org/ loic@senga.org -75010 Paris T: 33 1 42 45 07 97 loic@gnu.org - GPG Public Key: http://www.dachary.org/loic/gpg.txt - -_______________________________________________ -Fsfe-france-gpl mailing list -Fsfe-france-gpl@gnu.org -http://mail.gnu.org/mailman/listinfo/fsfe-france-gpl -