The Moral Rights of Authors and Performers: An International and Comparative Analysis

Hardcover | November 3, 2006

byElizabeth Adeney

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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 provisionsdealing 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 internationalprotection, 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 andinterpretation 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 alsoaddressed, with moral rights protection elsewhere in the world summarised in tabular form.

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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 provisionsdealing with purely authorial rights - moral ...

Elizabeth Adeney is a Senior Lecturer at the School of Law, Deakin University, Melbourne. She has published numerous articles on copyright and moral rights in the UK, Germany, Australia and Canada.
Format:HardcoverDimensions:968 pages, 9.69 × 6.73 × 2.36 inPublished:November 3, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199284741

ISBN - 13:9780199284740

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Table of Contents

Part I: The European Background1. Beginnings in Europe2. The Rights Protected: France and Germany to 19283. Moral Rights as Cultural Protection - A Deviation From the Norm4. Legislative Protection of the 1920sPart II: International Growth5. The Development of International Protection - 1858 to 19286. The Rome Revision Conference of the Berne Convention7. Post-War International DevelopmentsPart III: Protection in Two Continental Systems8. Moral Rights in France9. Moral Rights in GermanyPart IV: Protection in the Copyright Countries10. Establishing Moral Rights in the Copyright Countries11. Canada: Developments Towards the Current Law12. Canada: The Rights and Their Application13. The United Kingdom: Developments Towards the Current Law14. The United Kingdom: The Rights and Their Application15. The United States: Developments Towards the Current Law16. The United States: The Rights and Their Application17. Australia: Developments Towards the Current Law18. Australia: The Rights and Their Application19. International Moral Rights LitigationAppendixTable of World Moral RightsBibliographyIndex