Moral Rights Flashcards
In continental Europe, copyright is in the first place an author’s right
E Adeney ‘The Moral Rights of Authors and Performers: an international and comparative analysis’
UK does not offer the same protection of moral rights as continental Europe does
Stamatoudi in ‘Moral Rights of Authors in England’
The authors of original works and films have moral rights, while the owners of neighbouring entrepreneurial rights do not have such rights.
ss 77,80,84
Moral rights are inalienable and transmissible on death
s 94
The duration of moral rights is not clearly specified
the Berne Convention (Art 6 bis)
The moral rights in the UK’s legislation
- the right to be identified as the author/director of the work (paternity right) (ss 77-79)
- the right of the author/director to object derogatory treatment of the work (integrity right) - ss 80-83
the right for everyone not to have work falsely attributed to him
s 84 CDPA
The Commissioner’s right of privacy in respect of a photograph or film made for private and domestic purposes.
s 85 CDPA