On 14/03/2024 09:07, Shuji Sado wrote:
"the author shall not exercise moral rights.
I thought the reason behind the EU having moral rights was to create rights that could not be contracted out of. For example, noting that computer programs are exempt, the original author of a work (not done as an employee) can issue a notice at any time, requiring their right to recognized as the author to be honoured, and that notice will then bind anyone receiving it, going forward. I can't believe the intent would be to allow one to contract out of that, and in fact one of the options to assert the right is to contract in, when the copyright is assigned.
Incidentally, again noting it doesn't apply to computer programs, in the UK, it would seem that one can avoid the derogatory treatment clause by providing adequate disclaimers.
This is my interpretation, please consult a qualified lawyer for a definitive ruling.
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