By Elizabeth Adeney

Description

• The first in-depth treatment of moral rights across a range of major jurisdictions.
• Separate sections devoted to France, Germany, Canada, the UK, the US and Australia, make it ideal for the practitioner involved in cross-jurisdictional disputes.
• Comparative and historical analysis across the jurisdictions gives an overall understanding of the rights.
• Extensive case notes provide concrete examples of the rights\\\\\\\' utilisation and development in each jursidiction.

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 provisions dealing 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 international protection, 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 and interpretation 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 also addressed, with moral rights protection elsewhere in the world summarised in tabular form.

Readership: Intellectual Property Practitioners, Judges, Academics, Reference libraries

Contents
1. Beginnings in Europe

2. Early Protection of the Rights - France and Germany

3. Moral Rights as cultural protection

4. Legislative Protection of the 1920s

5. The development of international protection - 1858 to 1928

6. The Rome Revision Conference of the Berne Convention

7. Post-War international developments

8. Moral Rights in France

9. Moral Rights in Germany

10. Introduction of moral rights in the copyright countries

11. Canada - development and policy

12. Canada - the legislative scheme

13. The UK - development and policy

14. The UK - the legislative scheme

15. The US - development and policy

16. The US - the legislative scheme

17. Australia - development and policy

18. Australia - the legislative scheme

19. International Moral Rights Litigation

Authors, editors, and contributors

Elizabeth Adeney, Senior Lecturer in Law, Deakin University, Melbourne

Published Year: 2006 Format: Hard Back ISBN: 978-0-19-928474-0 Publisher: Oxford University Press No of Pages: 968 Our Price: £ 149.00 Reviews: 0 reivew(s).

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