Re: Re: Re: Re: Berne Convention -- copyright or author-right?

1. fair use is not explicitly based on freedom of speech; it has its own logic and history other than freedom of speech
2. author control over how others treat their works is not censorship. I should be able to make the movie or write the book or paint the painting I want without being required to let others mutilate it. They can go create their own works in response if they so desire.
3. the US version of freedom of speech is not the only valid, viable, proper approach to freedom of speech. it may not even be the best one world wide. it generally works pretty well in the US.
4. Voltaire was French -- last I looked, that was in Europe.

On Mar 31, 2006, at 11:30 PM, Joseph Pietro Riolo wrote:

> On 3/31/06, Vance R. Koven <vrkoven[_at_]gmail.com> wrote:
>>
>> .... Article 6bis was
>> the principal reason the US didn't join the Berne Union for over 100
>> years--it's a concept that was considered antithetical to American
>> notions (since largely eroded, alas) that the author *is granted*
>> (important to note that it's not somehow inherent) exclusive
>> rights in
>> exchange for the dedication of the author's creation for public
>> consumption.
>
> (Getting on soapbox.)
>
> Not only that but moral rights are also antithetical to the
> freedom of speech. They are simply unenforceable against
> speech that the authors find offensive but is permitted
> by the freedom of speech on which fair use is based.
>
> Although moral rights sound noble due to the word "moral",
> they are really a tool of censorship so that authors can
> control over how people will treat their works.
>
> Given that the concept of moral rights originated in Europe,
> it is not surprising that it does not highly prize the freedom
> of speech.
>
> (Getting off the soapbox.)
>
>
> Joseph Pietro Riolo
> <josephpietrojeungriolo[_at_]gmail.com>
> <riolo[_at_]voicenet.com>
>
> Number of days left until 1-1-2019 when all knowledge of 1923
> in the land of the U.S.A. will be freed from their copyright
> owners' prisons: 4,658
> 4658
>
> Public domain notice: I put all of my expressions in this
> post in the public domain.
>
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-- 
Prof. Steven D. Jamar                                 vox:  202-806-8017
Howard University School of Law                       fax:  202-806-8428
2900 Van Ness Street NW                         
mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008      http://www.law.howard.edu/faculty/pages/jamar

"Nothing that is worth anything can be achieved in a lifetime;  
therefore we must be saved by hope."

Reinhold Neibuhr