Sci Journals, authors, internet

Tom tom at lemuria.org
Thu Jun 13 14:11:25 PDT 2002


On Thu, Jun 13, 2002 at 06:55:48PM +0100, Ken Brown wrote:
> > - publication
> >   the creator can control if and how his work gets published. only he may
> >   cite from or describe his work in public as long as neither the work
> >   nor a description of it are published with his permission.
> >   (e.g. even the publisher can't leak stuff without the author's consent)
> 
> This is basically copy right as already existed in England, & not one of
> the moral rights. 

IANAL, but this is not the same as the "regular" publication clause,
because that one is still a seperate (the german copyright law has
three parts - moral rights, economic rights and other rights.


> > - defense against disfiguration (?)
> >   creator can fight against attacks on the integrity of his work,
> >   within limits.
> >   this is the complicated part. as I parse it, the intention was that
> >   if you, say, write a poem against communism and by some freak
> >   accident the communist party adopts it as their hymn, you can stop
> >   them from doing so (unless you enjoy the irony of it).
> 
> I don't know about the German laws but this is not, I think, the case in
> most other countries. Just borrowing a poem &  using it somewhere else
> would (at worst) count as parody, which is legally protected speech in
> the US (& usually in England as well).
> 
> I think the law is more intended for the Alan Smithee situation, where a
> publisher (or record company, film studio, broadcaster, whatever)  takes
> a work and changes it so that the author thinks it makes them look bad,
> and they don't want to be associated with it. 

yes, that is what I meant. except that the law as I read it does not
require a change. I don't think parody would violate it.


> PS in English these are "moral" rights - "morale" is borrowed from
> French and means the mental state of an army :-)

whoops. I mixed those up before. 
/me is not a native english speaker. :)


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