The Creative Commons Licences Through Moral Rights Provisions in French Law

International Review of Law, Computers and Technology, Taylor & Francis (Routledge), 2014, Special Issue: BILETA 2014, 28 (1), pp.60-80.

27 Pages Posted: 17 Jun 2019

See all articles by Alexandra Giannopoulou

Alexandra Giannopoulou

University of Amsterdam - Institute for Information Law (IViR)

Date Written: January 2, 2014

Abstract

Since 2002, Creative Commons has been continuously evolving in order to create a licensing scheme that not only fulfils the needs of the author but also stays compatible with already existing national copyright laws. The extent of the respect of moral rights provisions has always been highlighted during the licences' evolution. This Article first examines whether moral rights are expressly mentioned in the licences and if so, what their treatment is. Each element of the moral rights in the French system will be considered in order to verify their compatibility with the Creative Commons licences. In this context, it will be also asserted whether some existing clauses in the licence contradict with the moral rights of authors. The Article will conclude that although a more flexible interpretation of moral rights provisions is needed when dealing with open content licences, it is essential that Creative Commons addresses the aspects of the licences that are identified as problematic in relation to moral rights. Finally, it will be demonstrated that regardless of the legal status of the licences, the authors' responsibility towards their rights is what will ultimately be the safeguard of their creations' path.

Keywords: Creative Commons, Copyright, Open Licences, Moral Rights, Droit D'Auteur

Suggested Citation

Giannopoulou, Alexandra, The Creative Commons Licences Through Moral Rights Provisions in French Law (January 2, 2014). International Review of Law, Computers and Technology, Taylor & Francis (Routledge), 2014, Special Issue: BILETA 2014, 28 (1), pp.60-80. , Available at SSRN: https://ssrn.com/abstract=3400788 or http://dx.doi.org/10.2139/ssrn.3400788

Alexandra Giannopoulou (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

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