[License-discuss] [DISCUSS] PUWL v1.0 – P-EADCA Universal Waiver License

[Pamela Chestek]

Interesting, thanks for the reference. I assume the reason for 
provisions like this are to prevent someone with greater power (like an 
employer or hiring party) from stripping the author of their rights. In 
the US we have a similar situation, where, after a period of years, 
authors can terminate any contracts, and one can't contract around the 
termination right, no matter how many clever ways they've tried it.

It's interesting that they still allow the waiver where it's limited in 
type and scope, which I expect would be where the author can reasonably 
foresee the full extent of the consequences of having granted the waiver.

Pam

Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 10/6/2025 2:10 PM, Johnny A. Solbu wrote:
> On Monday 06 October 2025 20:53, Johnny A. Solbu wrote:
>> Yes, most of the countries in Europe do not allow you to sign away your right to be listed as the author.
>> Any contract saying that you do this are null and void on this point.
>>
>> To use the CC licenses as the example, the «CC-by» is mandatory.
> Since Pamela raised the fact that the french law quote from Bruce Perens didn't say anythng about waving anything,
> here is the english translation of the relevant norwegian Copyright Act (Åndsverkloven) that regulates this in Norway.
>
>
> Chapter 1, §5
> ===
> §5. Right to Attribution and Protection Against Derogatory Use (Moral Rights)
>
> When copies of a work are made, or when the work is made available to the
> public, the author has the right to be named as such in accordance with good
> practice, provided that attribution is practically possible.
>
> A work must not be altered or made available to the public in a manner or
> context that is derogatory to the author’s or the work’s reputation or
> character.
>
> The author may not waive the rights under the first and second subsections,
> except if the use of the work is limited in type and scope.
>
> If a work is made available in a derogatory manner or context as mentioned
> in the second subsection, the author, even if consent has been given for the
> use, has the right to require that it not be presented under the author’s
> name, or that it be indicated in a satisfactory manner that the changes do
> not originate from the author. The author may not relinquish this right.
> ===
>
>
> _______________________________________________
> The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Official statements by the Open Source Initiative will be sent from an opensource.org email address.
>
> License-discuss mailing list
> License-discuss at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org