CC sampling licenses and moral rights

Joi Ito recently wrote about the conflicts that might arise between the future Creative Commons sampling licenses and so called ‘moral rights’. The idea is that, when remixing a work released under such a sampling license, one might infringe upon the original author’s moral rights in case the work is remixed in a way that prejudice[s] the author’s honor or reputation. As the Japanese Copyright Law (similar to its European counterparts, but unlike the American copyright legislation) also grants authors a right of preserving the integrity of their works, this problem is also relevant for Japan.

On a note aside, this conflict might also arise with works in the public domain in Japan; article 60 of the Japanese Copyright Law stipulates that even after the death of an author acts that would be prejudicial to his moral rights are not allowed.

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