On Jan 2, 2008 3:05 PM, Arnoud Engelfriet <[EMAIL PROTECTED]> wrote: > Art. 6bis of Berne provides the right of the author to claim > authorship of the work. It seems reasonable to consider a copyright > notice as a claim of authorship (in the normal case, where > author == copyright holder). This "claim" includes the right to > be mentioned as the author. If the author has exercised this > right, removing the notice from the work violates this right.
A couple of thoughts on this: a. I don't think a copyright notice can be taken as an assertion of authorship, precisely because the copyright may be owned by someone other than the author. Hence most books that are published in the UK include both a copyright notice (usually naming the publisher as owner) and a statement that the author has asserted their moral rights. b. Even if a copyright notice could be read as an assertion of the author's moral rights to be identified as the author, I don't think this would make the text of the notice itself inviolable - provided that the author was still acknowledged elsewhere. > Under US law, art. 6bis Berne does not apply (even though it should) > to authors of computer programs. Ditto English law. I think that betrays an assumption on the part of US and UK lawmakers that computer programmers are merely technicians, not creative artists. John (TINLA) -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
