It is not so much whether someone has a waived their moral rights as to whether those rights have been breached and in this case it might be right to attribution or right to integrity (but if the images have not been distorted, mutilated or changed I am not sure that would apply) or right to privacy that applies (where the work is kept private and then published without permission but the act of publishing on a public space under a CC licence would make that hard to defend). As such these rights would need to be tested in court for this case and would probably hinge on the perceived intent of the publishers.
Andy
A.B.Lane, BSc, DIC, PhD, MCIEEM, CEnv, PFHEA,
Professor of Environmental Systems and Programme Director for Postgraduate Technologies and Computing, Department of Engineering and Innovation
-----Original Message-----
From: Julian Tenney [mailto:[log in to unmask]]
Sent: 02 March 2015 15:50
To: [log in to unmask]
Subject: Re: CC images of Children.
But surely the people in the photographs have moral rights, and would have to waive those rights before the images could be redistributed?
We have a rights waiver here that is specifically for that purpose.
-----Original Message-----
From: Open Educational Resources [mailto:[log in to unmask]] On Behalf Of Pat (Pgogy)
Sent: 02 March 2015 15:38
To: [log in to unmask]
Subject: Re: CC images of Children.
On 2015-03-02 10:23, Peter Reed wrote:
> Yes very interesting.
> In this sense Koppie Koppie (awful name) aren’t really exploiting
> anything and it would not be unethical.
I brought up this (sort of) at OER 13. I think just because the license permits "use", doesn't make the subsequent use ethical or moral (especially if this is a bulk usage, with no prior selection or vetting).
This message and any attachment are intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to me, and immediately delete it.
Please do not use, copy or disclose the information contained in this message or in any attachment. Any views or opinions expressed by the author of this email do not necessarily reflect the views of the University of Nottingham.
This message has been checked for viruses but the contents of an attachment may still contain software viruses which could damage your computer system, you are advised to perform your own checks. Email communications with the University of Nottingham may be monitored as permitted by UK legislation.
-- The Open University is incorporated by Royal Charter (RC 000391), an exempt charity in England & Wales and a charity registered in Scotland (SC 038302). The Open University is authorised and regulated by the Financial Conduct Authority.
|