Re: Why...

From: Jeff Richard <richaje_at_jk9kPlM62jdcbDYISTw_5UUtDlY71PYljv7vLzL6q0lu6LNw9rDWZQ8wtP7WWGRlabko>
Date: Fri, 01 Apr 2005 21:47:40 -0000

> And if they want to publish itself (with whatever changes they
want to
> make), and don't get that approval, they can veto publication.

Yes. But that is pretty normal condition when you want to publish something that incorporates someone else's proprietary material.

> > But again this is not the same things as saying they need to sign
> > away their rights upfront.
> Although if Issaries, Inc. subsequently published something verrry
> verrry similar (same names, places and concepts), they wouldn't
have
> anything to complain about, would they?

Legally, they might not. And that's the extent to which I'm looking at this. As I said before, I think II should have credited you as a courtesy.

> Any breach of French law would *probably* be the attempt to
surrender
> your moral right to attribution, which can't be done under the
Berne
> Convention.

No, it can't be done under the French legislature's means of redress of Section 6b of the Berne Convention. The Berne Convention itself contains a lot of wiggly room for differing interpretations - especially of "moral rights". In any case, the use of ideas contributed by another party without attribution is probably not a surrender of moral rights - since the text (or "work") is not being used, just your ideas.

Cheers -

Jeff            

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