[License-discuss] Question about Blue Oak License

David Woolley forums at david-woolley.me.uk
Thu Mar 14 14:55:55 UTC 2024


On 14/03/2024 09:07, Shuji Sado wrote:
> "the author shall not exercise
> moral rights.

I thought the reason behind the EU having moral rights was to create 
rights that could not be contracted out of.  For example, noting that 
computer programs are exempt, the original author of a work (not done as 
an employee) can issue a notice at any time, requiring their right to 
recognized as the author to be honoured, and that notice will then bind 
anyone receiving it, going forward. I can't believe the intent would be 
to allow one to contract out of that, and in fact one of the options to 
assert the right is to contract in, when the copyright is assigned.

Incidentally, again noting it doesn't apply to computer programs, in the 
UK, it would seem that one can avoid the derogatory treatment clause by 
providing adequate disclaimers.

This is my interpretation, please consult a qualified lawyer for a 
definitive ruling.



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