- Pub. Date:
- Oxford University Press, USA
This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions 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 Moral Rights of Authors and Performers 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 summarized in tabular form.
|Publisher:||Oxford University Press, USA|
|Product dimensions:||9.80(w) x 6.70(h) x 2.20(d)|
Table of Contents
Part I: The European Background
1. Beginnings in Europe
2. Early Protection of the Rights - France and Germany
3. Moral Rights as cultural protection
4. Legislative Protection of the 1920s
Part II: International Growth
5. The development of international protection - 1858 to 1928
6. The Rome Revision Conference of the Berne Convention
7. Post-War international developments
Part III: Protection in Two Continental Systems
8. Moral Rights in France
9. Moral Rights in Germany
Part IV: Protection in the copyright countries
10. Introduction of moral rights in the copyright countries
11. Canada - development and policy
12. Canada - the legislative scheme
13. The UK - development and policy
14. The UK - the legislative scheme
15. The US - development and policy
16. The US - the legislative scheme
17. Australia - development and policy
18. Australia - the legislative scheme
19. International Moral Rights Litigation