Re: Moral rights (Was: copyright expiration as a spur to creativity)

On Wed, 2 Sep 1998, Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
>
> On Tue, 01 Sep 1998, Pascal Kamina <pkamina[_at_]club-internet.fr> wrote:
> >
> > Just a remark to say that the concept that copyright is not
> > transferrable inter vivos is a concept developed under German law, which
> > is not shared by other "author's right" systems. For example under
> > French law copyright (i.e. author's rights less moral rights) is freely
> > transferrable (subject to mandatory rules regarding contracts and
> > specific prohibitions, such as the prohibition of assignments of future
> > works).
>
> Well, this migut be a question of definition. Under German and Austrian
> law you may, of course, transfer the "exploitation rights, economic
> rights" ("Verwertungsrechte") by means of license. But you can't
> transfer the whole copyright including the moral rights.

Under Canadian law, moral rights are not assignable, but they may be waved by the rights holder.

Cheers,

Bernard Katz, Head, Special Collections and Library Development McLaughlin Library, University of Guelph, Guelph ON Canada N1G 2W1

   and Chair, Ontario Library Association Copyright Action Committee bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Thu Sep 03 1998 - 23:19:04 GMT