'IP' Moral Rights Breaches are Deception Offences, Not Property Offences: Correcting a Category Error.
In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and Scientific American, was subject to criticism for its requirement that contributing authors waive their moral rights (a component of their copyright) in relation to their published articles. Some...
| Publicado en: | Res Publica (13564765) Vol. 22; no. 2; pp. 193 - 208 |
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| Formato: | Artículo |
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Springer Nature
May2016
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=115296008&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 115296008 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 13564765 NMV jtl: Res Publica (13564765) issn: 13564765 maglogo: N pubinfo: dt: May2016 vid: 22 iid: 2 pid: 237 pub: Springer Nature artinfo: ui: 115296008 10.1007/s11158-015-9279-9 ppf: 193 ppct: 15 formats: fmt: @attributes: type: P size: 373KB tig: atl: 'IP' Moral Rights Breaches are Deception Offences, Not Property Offences: Correcting a Category Error. aug: au: McKeahnie, James affil: Faculty of Law, Humanities and the Arts, University of Wollongong, Wollongong Australia su: Moral rights (Copyright) Intellectual property Macmillan Publishers Ltd. Property rights Plagiarism sug: subj: Moral rights (Copyright) Intellectual property Macmillan Publishers Ltd. Property rights Plagiarism keyword: Category error Copyright Moral rights Nature Publishing ab: In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and Scientific American, was subject to criticism for its requirement that contributing authors waive their moral rights (a component of their copyright) in relation to their published articles. Some of the rights included under the umbrella term 'moral rights' are the right to have any copies of one's work reproduced accurately and without alteration; the right to the accurate attribution of one's work under one's own name; and the right not to have the work of others falsely attributed to oneself. The Nature Publishing case, from the criticism it sparked to the group's own response, highlights a category error that occurs when moral rights are conceived of as property rights. Rather, moral rights are natural, non-proprietary rights. In correcting this category error it becomes evident that moral rights offences are not property offences, such as theft, but fraud offences-like plagiarism and forgery. Subsequently, whereas property rights, by definition, are able to be transferred or waived, it can be shown that no justification can be made for treating moral rights as transferrable or able to be waived. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Res Publica (13564765) is a copyright of Springer, 2016. All Rights Reserved. item: Res Publica (13564765) holder: Springer Nature dt: @attributes: year: 2016 holdings: @attributes: islocal: N |
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