> Depending on jurisdiction, though. In some jurisdiction authors cannot giv...

pbhjpbhj · on July 19, 2012

Well USA are signatories to Berne Convent (http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=15) which includes moral rights in Article 6bis.

FWIW TRIPs includes an element of moral rights in Art.s 13/14 but specifically disclaims the inclusion of every right in Berne Art.6.

It would be interesting to know why the US dont want to allow people the right to be named as author of their own work? (and if they led the exclusion in TRIPs).

derleth · on July 19, 2012

> It would be interesting to know why the US dont want to allow people the right to be named as author of their own work?

You can have that right if you negotiate for it in a contract or make it a condition of the license you release the work under.

The more interesting question is why other countries want there to be rights granted by law that authors cannot give up.

pbhjpbhj · on July 20, 2012

Is that a French thing - IP rights that can't be given up?

Moral rights to me are embodied in the right to be named as author of your works. And I can't see why you'd want to allow that to be taken away, eg in a contract of work, against the authors wishes. Where's the benefit in stimulating creative expression or for the public domain?

Generally USA has rights that can't be given up; though you can chose not to exercise some of them. For example you can't sell yourself in to slavery AFAICT (or at least it wouldn't be lawful to be bought which in practical terms is equivalent).