Droits moraux

[Ludovic Courtès]

"Jonathan S. Shapiro" <address@hidden> 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