The Moral Rights of Authors and Performers
An International and Comparative Analysis
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 October 2006
- ISBN 9780199284740
- Binding Hardback
- No. of pages966 pages
- Size 260x180x60 mm
- Weight 2 g
- Language English 0
Categories
Short description:
This book is a comprehensive guide to the development and utilisation of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. It deals separately with the introduction of the rights into each of the "copyright" countries, and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. The author also gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues.
MoreLong description:
This book is a comprehensive guide to the development and utilisation of moral rights across the key jursidictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The book discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarised in tabular form.
Table of Contents:
Part I: The European Background
Beginnings in Europe
The Rights Protected: France and Germany to 1928
Moral Rights as Cultural Protection - A Deviation From the Norm
Legislative Protection of the 1920s
Part II: International Growth
The Development of International Protection - 1858 to 1928
The Rome Revision Conference of the Berne Convention
Post-War International Developments
Part III: Protection in Two Continental Systems
Moral Rights in France
Moral Rights in Germany
Part IV: Protection in the Copyright Countries
Establishing Moral Rights in the Copyright Countries
Canada: Developments Towards the Current Law
Canada: The Rights and Their Application
The United Kingdom: Developments Towards the Current Law
The United Kingdom: The Rights and Their Application
The United States: Developments Towards the Current Law
The United States: The Rights and Their Application
Australia: Developments Towards the Current Law
Australia: The Rights and Their Application
International Moral Rights Litigation
Table of World Moral Rights
Bibliography
Index
