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Re: [OT] Droit d'auteur vs. free software?

Scripsit Alessandro Rubini <rubini@gnu.org>

> > Whatever Duchamp has done, I'm sure he did it more than 50 (70) years
> > after Leonardo died.

> He drew mustaches on a photograph of the painting, I think, and
> exposed it.

I'm fairly certain that would fall under the right to quote. (Most
European copyright laws give the public an explicit right to quote
from protected works for the purpose of parody, satire or commentary
on the quoted work - akin to the somewhat more fuzzy American concept
of "fair use".)

> He could show his photograph around because copyright had expired on
> the painting, but moral rights do not expire, at least accoding to
> Italian law (just stepped on that point today).

Well, one also has to take into account that Mona Lisa with moustaches
only works as an artistic statement because everybody *knows* how she
looks without. Because of that same fact it would be difficult to
argue that such an obviously extraneous modification would do anything
to change the viewer's perception of Leonardo's original work.

Henning Makholm                          "- Or hast thee (perverted) designs
                                    to attempt (strange, hybrid) procreation
                              experiments with this (virginal female) self?"

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