"Jonathan S. Shapiro" <[EMAIL PROTECTED]> writes:
> I don't believe in "droits moraux". I have no objection to the idea that
> there might exist some right of an author that is separate from
> copyright, but the idea that this right is not transferable seems like a
> mistake.
You seem to misunderstand what "droits moraux" ("moral rights",
literally) are. Basically, "droits patrimoniaux" are what we know as
"copyright". "Droits moraux" are much more "philosophical". In [0],
the founding article reads the following (the translation is mine, so it
is certainly not perfect):
ARTICLE L121-1
The author has the right for their name, their quality, and their
work to be honored.
This right is bound to their person.
This right is everlasting, unalterable, and [imprescriptible].
This right may be transfer consequently to the death of the author to
their heirs.
Exercising of this right can be ceased to a third-party by means of a
testament.
ARTICLE L121-2
The author alone has the right to make their work available. Unless
otherwise stated accordingly with article L. 132-24, the author
decides by which means their work is made available and under what
circumstances. [...]
According to article L. 132-24 (part of the "intellectual property code"
in France, aka. CPI), there may exist a contract between the producer
and the author such that the author ceases exclusive "exploitation
rights" of the work to their producer.
Hope this helps,
Ludovic.
[0] http://lexinter.net/Legislation/droits_moraux.htm
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