CEU Electronic Theses and Dissertations, 2012
| Author | Dominguez, Gloria Maria |
|---|---|
| Title | EFFECTIVE PROTECTION OF MORAL RIGHTS IN AUTHORS RIGHTS SYSTEMS OVER COPYRIGHT SYSTEMS |
| Summary | The paper evaluates the application of current copyright laws in cases of moral right violations, focusing on the United States, which implemented a copyright system, and France, which implemented an author’s right system. The review of copyright laws is conducted based on the rationale that regulations established from a iusnaturalism perspective provide a better understanding of the object of moral rights viewed as personal rights, inherent and inalienable to the authors individuality, independent from economic rights. Author’s rights system encourages authors to create while consistently retaining a measure of control over their creative work, whereas the utilitarian perspective implemented by the U.S. stands for promoting public good by disseminating useful works regardless of the author’s personality and interest over it, having to resort to different branches of law such as trademark, tort and contractual law seeking for protection. The moral rights examined throughout the paper are the right of integrity and the right of paternity, analyzed under the perspectives of ownership and duration, separation of economic and moral rights, criteria for awarding economic and moral compensation, restoration measures for authors damaged in their honor and reputation and contractual and statutory limitations. The thesis shows that author’s rights systems implementing iusnaturalism provide a more effective protection of moral rights over utilitarianism principles adopted by copyright systems and therefore establishes four rules inspired by the French approach claiming perpetual duration of moral rights, allowed transferability upon author’s death as well as reasonable waivers to any authorized person, legal separation from his economic rights and a system that guarantees proper restoration to any occurred damages over his honor or reputation. |
| Supervisor | Sganga Caterina |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/dominguez_gloria.pdf |
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