The Trouble with Moral Rights.
It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal i...
| Publicado en: | Modern Law Review Vol. 68; no. 3; pp. 411 - 435 |
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| Formato: | Artículo |
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Wiley-Blackwell
May2005
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| Acceso en línea: | Ver este registro en EBSCOhost |
| Sumario: | It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal inconsistencies generated by the vagaries of copyright exploitation. Harmonising moral rights protection or using moral rights justifications cumulatively may not resolve the theoretical inconsistencies. Copyright protection must therefore be seriously overhauled if moral rights are to be widely perceived as vehicles for protecting authors' rights. |
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