It would be most helpful if Mr. SkinnerLopata would direct me to the NY
State statutes regarding moral rights. And I'd also like to know how those
state statutes relate to federal copyright law.
Thanks
Janet Nepkie
> From: Andrew SkinnerLopata <asl[_at_]callatg.com> > Reply-To: CNI-COPYRIGHT -- Copyright & Intellectual Property > <CNI-COPYRIGHT[_at_]cni.org> > Date: Thu, 06 Oct 2005 18:00:55 -0400 > To: CNI-COPYRIGHT -- Copyright & Intellectual Property <CNI-COPYRIGHT[_at_]cni.org> > Subject: [CNI-(C)] Re: Contrary to Morality - What is that? > > I'm not familiar with the moral rights provisions in Australian law, but > the U.S. has the federal Visual Artists Rights Act (VAWA), and certain > states (including New York and California) have moral rights statutes. > VAWA only covers certain types of visual art. The rights are very > similar to what Mr. Schulze describes from Australian law. VAWA rights > cannot be transferred, only waived - they are personal to the artist. A > transfer or waiver of copyright rights is *not* a waiver of VAWA rights. > > -Andy SkinnerLopata > > ****************************************** > Andrew SkinnerLopata, Associate > Kaufman & Stewart, Attorneys at Law > 270 Oakway Center > Eugene, OR 97401-5663 > 541.342.5587 > asl[_at_]callatg.com > > > > Howard Schulze wrote: > >> Australia has recently adopted this concept of "moral rights" as >> well. It is not a control as such of exploitation but rather a right >> to enable an artist for the life of the author only to control >> integrity of a work eg the right to have the authors identity to be >> shown on the work, the right to object to alteration of the work and >> the right to object to association of the work with others. This is >> entirely distinguished from economic rights which can be dealt with >> as with conventional IP rights. >> We are only now getting used to this concept. It is also very >> difficult for the moral rights to be contracted away. >> Howard Schulze >> On 05/10/2005, at 6:30 AM, JFN wrote: >> >>> It would seem a loose translation of "droit morale" -- the broader >>> rights accorded artists and authors under some European laws to >>> control the exploitation of their works. It comes, I think, from the >>> view that intellectual property ownership and control is a natural >>> right -- a view that is at odds with the American approach, which >>> views it as a statutory grant. >>> >>> John Noble >>> >>> At 4:45 PM -0400 10/3/05, S. Martin Keleti wrote: >>>
>>>>> I encountered a statement in license that I do not fully >>>>> understand and I am turning to this discussion forum for help in >>>>> interpreting the statement. As a gift, my wife gave me Chessmaster >>>>> 10th Edition. After long procrastination, I finally decided to >>>>> install it in my PC. As the installation was proceeding, the >>>>> license was presented to me. Because I was going to use the >>>>> software for my other project, I had to read license very >>>>> carefully. The portion that stopped me from continuing the >>>>> installation is this: It is not permitted: - To >>>>> make copies Š - To operate Š - To use it contrary to >>>>> morality or the laws in force, - To modify Š - >>>>> To transmit Š - To create Š. - To decompile, reverse >>>>> engineer or disassemble Š Exactly what does "contrary to morality" >>>>> mean? I searched Internet and found some references on it. But, >>>>> all of them are related to patent. I could not find anything >>>>> relating to the use of software. So, I sent a question on the >>>>> meaning of "contrary to morality" to Ubi Soft's on-line support. >>>>> (Ubi Soft is the manufacturer of Chessmaster 10th Edition.) After >>>>> hearing nothing from the on-line support for one or two weeks, I >>>>> decided to call Ubi Soft's support. I asked the person who >>>>> answered my call about the meaning of "contrary to morality". He >>>>> put me on hold for a while (I did not time it but I estimated that >>>>> it was one or two minutes). He then explained to me that it was a >>>>> blanket statement to prevent people from breaking any copyright >>>>> laws. I was tempted to ask him to elaborate that but knowing that >>>>> he was not expert in legal language, I thanked him for his time >>>>> and I hanged up phone. I thought more about what he said. If it >>>>> is really that obvious that "contrary to morality" means breaking >>>>> any copyright laws, why is this specific wording chosen over other >>>>> wording? Is this an example where Ubi Soft went overboard and >>>>> borrowed the language from patent? If "contrary to morality" >>>>> actually is applicable to Chessmaster, can anyone think of >>>>> examples where using Chessmaster is contrary to morality? Joseph >>>>> Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com> <riolo[_at_]voicenet.com> >>>>>
>>> >>> >>> ############################################################# >>> This message is sent to you because you are subscribed to >>> the mailing list <CNI-COPYRIGHT[_at_]cni.org>. >>> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> >>> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> >>> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> >>> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> >>> To resume mail list message delivery from postpone mode, E-mail to >>> <CNI-COPYRIGHT-feed[_at_]cni.org> >>> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org> >>> >>> Visit the CNI-COPYRIGHT e-mail list archive at <https:// >>> mail2.cni.org/Lists/CNI-COPYRIGHT/>. >>> >> >> Howard Schulze >> Collison and Co >> 117 King William St >> Adelaide South Australia >> 61 8 8 2123133 >> fax 61 8 82311273 >> mob 0417203279 >> This message may contain confidential or proprietary information. If >> you are >> not the intended recipient, please notify the sender immediately and >> delete >> the message from your system. You should not copy or use it for any >> purpose, >> nor disclose its contents to any other person. E-mail transmission >> cannot be >> guaranteed to be secure or error-free. No guarantee is made that any >> attachments are virus free. We reserve the right to monitor all e-mail >> communications. >> >> >> >> ############################################################# >> This message is sent to you because you are subscribed to >> the mailing list <CNI-COPYRIGHT[_at_]cni.org>. >> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> >> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> >> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> >> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> >> To resume mail list message delivery from postpone mode, E-mail to >> <CNI-COPYRIGHT-feed[_at_]cni.org> >> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org> >> >> Visit the CNI-COPYRIGHT e-mail list archive at >> <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. >> >> >> > > ############################################################# > This message is sent to you because you are subscribed to > the mailing list <CNI-COPYRIGHT[_at_]cni.org>. > To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> > To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> > To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> > To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> > To resume mail list message delivery from postpone mode, E-mail to > <CNI-COPYRIGHT-feed[_at_]cni.org> > Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org> > > Visit the CNI-COPYRIGHT e-mail list archive at > <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. >Received on Sat Oct 08 2005 - 00:25:15 GMT
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