On Tue, Mar 21, 2006 at 11:38:05PM +0100, Francesco Poli wrote: > On Tue, 21 Mar 2006 12:19:23 +0000 MJ Ray wrote: > > > Francesco Poli <frx@firenze.linux.it> > > > On the other hand, in the hypothetical case we are talking about, > > > Charlie doesn't say "This image is created by Bob" or otherwise > > > tries to pass it off as a work by Bob. > > > He clearly states that "This image is *based on* the desk image > > > created by Bob" (emphasis added). > > > > If he uses that as a credit for the *derived* work, when Bob had no > > part in the *derived* work, that still seems passing off or false > > attribution, unless there's specific permission. > > I'm puzzled: how can you say that "Bob had no part in the *derived* > work"? > His part was drawing the desk, that was later reused in the derived > work! Actually, in droit d'auteur systems, the problem isn't even with the derived work only. Among the moral rights given to the author is that of choosing whether or not he will recognize authoring the work. This means he has an active right to deny being the author of a particular work and can forbid people from saying he is the author. I'm not sure for copyright systems, but I believe they don't have rules so extreme regarding this question.
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