[License-discuss] Can copyrights be abandoned to the public domain?

Oleksandr Gavenko gavenkoa at gmail.com
Tue Aug 14 21:15:05 UTC 2012


On 2012-08-14, Ben Tilly wrote:

> Based on http://www.linuxjournal.com/article/6225 and similar
> articles, I'd long believed that a declaration that you were
> abandoning copyright was a meaningless farce.
>
> Then by accident today I ran across http://cr.yp.to/publicdomain.html
> which claims the opposite, and cites actual court decisions as
> evidence.
>
> Is D. J. Bernstein out of his depth here, or does he have a valid point?
>
Look to "Berne Convention for the Protection of Literary and Artistic Works"
(my selections):

  http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P123_20726

      Article 6bis
      Moral Rights:
    1. To claim authorship; to object to certain modifications and other
    derogatory actions; 2. After the author's death; 3. Means of redress

  (1) Independently of the author's economic rights, and even after the
  transfer of the said rights, the author shall have the right to claim
  authorship of the work and to **object** to any distortion, mutilation or
  other **modification** of, or other derogatory **action** in relation to,
  the said work, which would be prejudicial to his honor or reputation.

Ever with any possible licence agreement that fully grand you permission
unlimitedly modify copyrighted work original author still can limit some
changes to his work if you fall under the jurisdiction of the countries which
sing "Berne Convention".

Same applied to things that you state is in "Public Domain" in countries which
sing "Berne Convention".

So while author alive you may be litigated by him if changes to his work
prejudicial his honour.

-- 
Best regards!



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