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OverviewThis comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law. Full Product DetailsAuthor: Ysolde GendreauPublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781789904864ISBN 10: 1789904862 Pages: 582 Publication Date: 12 September 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsContents Epigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xi Milan Kundera Introduction: a contemporary take on moral rights in intellectual property xiii Ysolde Gendreau PART I PHILOSOPHICAL ISSUES 1 In defence of honour? A case for moral rights from relational autonomy 2 Hannah Carnegy-Arbuthnott 2 The moral rights of the author – “All Quiet on the Eastern Front”? (a Polish perspective) 15 Sybilla Stanisławska-Kloc 3 Islamic legal philosophy and moral rights 48 Ezieddin Elmahjub 4 Against integrity: a feminist theory of moral rights, creative agency and attribution 60 Carys Craig and Anupriya Dhonchak 5 Civil Codes and authors’ rights 81 Laura Moscati PART II MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS 6 Inventor’s moral right and morality of patents 96 Nari Lee 7 Moral rights and industrial design 113 Giorgio Spedicato 8 Exploring moral interests in the intellectual creations underlying trademarks 134 Genevieve Wilkinson PART III TRADITIONAL MORAL RIGHTS DIVISIONS 9 Dualist vs. monist approaches to copyright within the European Union – an obstacle to the harmonization of moral rights? 152 Katharina de la Durantaye 10 Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry 167 F. Jay Dougherty PART IV CHALLENGES TO MORAL RIGHTS 11 The economic dimension of moral rights 186 Richard Watt 12 Moral rights for corporate entities 197 Pascal Kamina 13 Moral rights in cases involving multiple ownership 210 Tatiana Synodinou 14 “Sharing is caring”: Creative Commons, transformative culture, and moral rights protection 233 Alexandra Giannopoulou 15 Artificial intelligence and moral rights 251 Sérgio Branco and Beatriz Nunes 16 Exceptions and limitations to moral rights 267 Johan Axhamn 17 Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals 292 Christophe Geiger and Elena Izyumenko 18 Protection of moral rights in Greece, limitations and issues of abuse 315 Irini A. Stamatoudi 19 Moral rights and alternative dispute resolution 339 Brigitte Lindner 20 Private international law issues of moral rights 355 Paul L. C. Torremans PART V MORAL RIGHTS OUTSIDE EUROPE 21 Moral rights and the protection of traditional knowledge 370 Susy Frankel 22 Moral rights in Japan – ‘moral rights’ of juridical persons? 384 Tatsuhiro Ueno 23 Moral rights in China 399 Yong Wan 24 A reinforced protection to the constitutional fundamental right to authors’ moral rights in Latin America 413 Jhonny Antonio Pabón Cadavid 25 Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era 429 Silmara Juny de Abreu Chinellato 26 Moral rights in Commonwealth countries 443 Gillian Davies PART VI AUTHORS AND MORAL RIGHTS 27 Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa 461 John Peffer 28 Fictional stories by fictional people: Alan Smithee and moral rights 479 Darren Hudson Hick 29 Thou shalt not read: ius abutendi as a moral right of the author? 494 Rudolf Leška In conclusion: What’s new with moral rights? 516 Ysolde Gendreau Appendix: Commonwealth laws on moral rights – August 2022 533 IndexReviews'The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.' -- Elizabeth Adeney, formerly Deakin University, Australia ‘The book at hand is an excellent achievement both with respect to its appearance and content. I do warmly recommend it to all who are interested in deepening their thinking of intellectual property and moral rights.’ -- Max Oker-Blom, IPRinfo ‘This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.’ -- Peter K. Yu, Texas A&M University, US ‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France ‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, Australia ‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France ‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, Australia ‘This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.’ -- Peter K. Yu, Texas A&M University, US ‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France ‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, Australia Author InformationEdited by Ysolde Gendreau, Professor of Law, Université de Montréal, Canada Tab Content 6Author Website:Countries AvailableAll regions |
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