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Copyright > Module 8 > Flashcards

Module 8 Flashcards

1
Q

What is the right of disclosure?

A

It is the third most widely recognized moral right.

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2
Q

What does the right of disclosure mean?

A

It means that nobody except the author can decide when to disclose a work to the public for the first time.

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3
Q

Give an example for the right of disclosure when one infringes the law.

A

A person who has stolen a manuscript of the novel that hasn’t been previously published and discloses it to the public without the author’s consent infringes the law.

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4
Q

What are the three most common moral rights exercised by the author?

A
  1. right of attribution
  2. right of integrity
  3. right of disclosure
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5
Q

Do international copyright treaties address the problem of moral rights?

A

They address it very generally or do not address it at all.

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6
Q

Are moral rights harmonized in the European Union?

A

No.

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7
Q

Do the TRIPS agreement and the WIPO copyright system deal with moral rights?

A

No.

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8
Q

Where are provisions regulating moral rights included in?

A

In WIPO performances and phonograms treaty; in the Bern Convention.

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9
Q

What is article 6 of the Bern Convention?

A

…

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10
Q

What is stated in section 1 article 6 of the Bern Convention?

A

…

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11
Q

What is the first feature of moral rights?

A

Independence.

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12
Q

Are moral rights independent from economic rights?

A

Yes.

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13
Q

What is the problem with moral rights?

A

Waiver and transfer of moral rights.

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14
Q

Does a transfer of economic rights imply a moral rights transfer?

A

No.

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15
Q

Are the countries where moral rights can be waived?

A

Yes.

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16
Q

Is assigning a moral right to another person a problem?

A

Yes.

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17
Q

Does the Bern Convention prohibit assigning a moral right to another person?

A

It does not explicitly prohibit the transferability of moral rights but it does seem to be against the very nature of these rights.

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18
Q

Are ghostwriting agreements permissible according to the Bern Convention?

A

Yes.

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19
Q

In which country are ghostwriting agreements void and null?

A

Poland.

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20
Q

What is stated in section 2 article 6 of the Bern Convention?

A

…

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21
Q

How long last moral rights?

A

At least as long as economic rights.

22
Q

What is article 7 section 1 of the Bern Convention?

A

…

23
Q

How long do moral rights last according to article 7 section 1 of the Bern Convention?

A

Throughout the author’s lifetime and for 50 years after his death.

24
Q

Are there any exceptions to the rule stated in article 7 section 1 of the Bern Convention?

A

Yes, two of them.

25
Q

What is the first exception to the rule stated in article 7 section 1 of the Bern Convention?

A

Those countries that were not initially favorable towards moral rights can still maintain a restricted approach towards their protection by not extending the term of protection beyond the death of the author.

26
Q

Where are stated the two exceptions to the rule stated in article 7 section 1 of the Bern Convention?

A

In article 6 bis of the Bern Convention.

27
Q

What is the second exception to the rule stated in article 7 section 1 of the Bern Convention?

A

Moral rights should be maintained after the death of the author until the expiry of the economic rights. And yet at the same time it is possible under the provisions of the Convention that economic rights can expire even before the author’s death.

28
Q

What work concerns the second exception to the rule stated in article 7 section 1 of the Bern Convention?

A

cinematographic work, anonymous work and pseudonyms work, photographic work and work of applied arts.

29
Q

When does the term of protection begin in case of cinematographic work, anonymous work and pseudonyms work, photographic work and work of applied arts?

A

When the work is created or when it is made available to the public.

30
Q

Can moral rights be inherited?

A

No.

31
Q

What happens with moral rights after the death of the author according to the Bern Convention?

A

These rights shall be following the author’s death, exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed.

32
Q

What is article 6 section 3 of the Bern Convention?

A

…

33
Q

Is the right of paternity mentioned in the Berne Convention?

A

Yes.

34
Q

What is article 7 section 2 of the Bern Convention?

A

…

35
Q

What does the provision of article 7 section 2 of the Bern Convention deal with?

A

It deals with the term of protection for economic rights and provides specific solutions for anonymous and pseudonyms works.

36
Q

Is the right of paternity an author’s right?

A

No.

37
Q

Is the right to integrity mentioned in the Berne Convention?

A

Yes.

38
Q

What is the right to integrity?

A

It is the author’s right to object to any distortion, mutilation or any other modification of or any other derogatory action in relation to his work which would be prejudicial to his or her honor or reputation.

39
Q

What may an infringement of the right to integrity involve?

A

It may involve either a derogatory modification of a work or any other derogatory action in relation to work.

40
Q

How many forms of the infringement of the right to integrity are there?

A

Two.

41
Q

What is the first form of the infringement of the right to integrity?

A

The first one, modification, entails direct interference with the content or form of the work which is derogatory.

42
Q

What is the second form of the infringement of the right to integrity?

A

Any action that does not modify the content of form directly.

43
Q

Is destruction of a physical career of a work considered to be a modification or other derogatory action?

A

No.

44
Q

What must a derogatory modification or other action be like?

A

It must be prejudicial to the author’s honor and the reputation to constitute an infringement of his moral right under the Bern Convention.

45
Q

To what do the concepts of honor and reputation refer?

A

They refer to the author as a person and should be understood objectively.

46
Q

What rule constitute the moral rights of paternity and integrity under the Bern Convention?

A

They constitute the minimis rule only.

47
Q

What does the minimis rule mean?

A

It means that the contracting states can extend the protection and afford authors wider protection.

48
Q

Which approach do common law law countries follow?

A

The minimalist approach.

49
Q

To what kind of works are moral rights granted in the US?

A

Only to artistic works.

50
Q

Is paternity granted automatically according to Section 78 of UK copyright designs and Patents Act?

A

No.

51
Q

Do new technologies pose a challenge to moral rights?

A

Yes.

52
Q

Explain how do new technologies pose a challenge to moral rights.

A

…

Copyright (11 decks)

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