I would guess that in a case where the original creator is long gone and cannot testify either to original intent or potential harm done by a misquote the situation is probably hopeless as far as suing goes.
Gene Kim-eng ----- Original Message ----- From: "Dick Margulis" <[EMAIL PROTECTED]> > The question wasn't infringement. Presumably, quoting the passage, > accurately or inaccurately (but without distortion of the meaning) > would be fair use under most circumstances. The question was what is > codified in the Berne convention, to which the US is a signatory, as > the author's "moral right." This is explicitly about the author's > words being taken out of context, distorted, or otherwise applied in a > way that causes damage to the author's reputation. For example, if > some deep truth uttered by the Dalai Lama were quoted for the purpose > of selling impotence drugs, the Dalai Lama would have the right to sue > the advertiser on the basis of the moral right clause of Berne. > > I don't know whether a US lawyer would sue under Berne or would take a > more conventional tack, perhaps using libel law rather than copyright > law. That would be up to the client and attorney to decide, in terms > of the cost of carrying the suit forward vs. the potential gain. ______________________________________________ Author Help files and create printed documentation with Doc-To-Help. New release adds Team Authoring Support, enhanced Web-based help technology and PDF output. Learn more at www.doctohelp.com/tcp. Interactive 3D Documentation Parts catalogs, animated instructions, and more. www.i3deverywhere.com _______________________________________________ Technical Communication Professionals Post a message to the list: email [EMAIL PROTECTED] Subscribe, unsubscribe, archives, account options, list info: http://techcommpros.com/mailman/listinfo/tcp_techcommpros.com Subscribe (email): send a blank message to [EMAIL PROTECTED] Unsubscribe (email): send a blank message to [EMAIL PROTECTED] Need help? Contact [EMAIL PROTECTED] Get the TCP whole experience! http://www.techcommpros.com
