<div>Oh, I will need some time to review all this messages, but I already want thank a lot for the contributions.</div>
<div>I thing this number of replies indicates the importancy of this subject. I will organize it and comeback.</div>
<div> </div>
<div>Regards,</div>
<div>Marcel<br><br> </div>
<div><span class="gmail_quote">2008/1/19, B.Jean <<a href="mailto:veille.jus@gmail.com">veille.jus@gmail.com</a>>:</span>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">Philippe Verdy a écrit :<br>> Arnoud Engelfriet [mailto:<a href="mailto:arnoud@engelfriet.net">arnoud@engelfriet.net
</a>] wrote:<br>><br>>> John Cowan wrote:<br>>><br>>>> Arnoud Engelfriet scripsit:<br>>>><br>>>>> French law has perpetual moral rights, but e.g. in Germany they expire<br>>>>> when the economic rights expire. I don't think England has perpetual
<br>>>>> moral rights, so legally I'd be in the clear if I omitted<br>>>>><br>>> Shakespeare's<br>>><br>>>>> name from my translation.<br>>>>><br>>>> And the
U.S. allows no moral rights in textual works at all.<br>>>><br>>> Which is a gross violation of the principles of the Berne Convention.<br>>><br>>> (The flipside is that US authors don't get to exercise their moral rights
<br>>> anywhere in the world.)<br>>><br>><br>> Fully agree with you! There has already been decisions in US courts, forcing<br>> US companies to respect the moral rights owned by foreign authors protected
<br>> by laws of Berne convention signatory parties, and even forcing them to<br>> indemnify these authors for their abuse.<br>><br>> US respects this international convention and certainly don't want to break
<br>> it.<br>><br>> And it's not always necessary to start a trial within US, if there's a<br>> treaty of collaboration between juridic systems: an action against an US<br>> offender can be initiated in its own country, where a court order will to
<br>> solve the litigation will become applicable in US using a simplified<br>> procedure not requiring a new trial and decision by a US court.<br>><br>> Note however that the juridic collaboration is limited, notably from US that
<br>> severely limits this collaboration and wants its citizens being judged in US<br>> in most cases; this can be the cause of diplomatic litigation and<br>> negociation between the two countries. However, if a court decision has
<br>> already occurred, US can't contest this decision, but could seek<br>> arrangements to negociate the application of the terms of the decision, and<br>> find reasonable "equivalences", but this is only accepted to protect the
<br>> Constitutional rights. However, such restriction by Constitutional rights<br>> applies essentially to individuals, not to organizations.<br>><br>> Foreign moral rights ARE recognized in US (and this is already largely used
<br>> by US corporations when they want to protect these: they will claim their<br>> rights by demanding protection in countries that define and protect these<br>> rights, in addition to registering their rights in US; for this, they create
<br>> a collaborative work and the copyright notice includes the names of their<br>> foreign subsidiary establishments).<br>><br>> This is also used by influent US people that have a legal right of residence<br>
> outside US, and this is also used when any US citizen travels abroad: their<br>> moral rights are claimed in the countries they visit (for example in France<br>> where they can prosecute paparazzi that violated their private life: France
<br>> effectively protects the moral rights and each year, its courts are taking<br>> lots of decisions on this subject; the French jurisprudence on moral rights<br>> is abysmal since very long, it will be hard to defeat it if you violate
<br>> them).<br>><br>Excuse me : do you have some reference about decisions and everything<br>you speak about ?<br><br>Sincerly,<br>Benjamin<br></blockquote></div><br>