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Research Handbook on Intellectual Property and Moral Rights
This 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.
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Critical Acclaim
Contributors
Contents
More Information
This 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.
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.
Critical Acclaim
‘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
– 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
Contributors
Contributors: Johan Axhamn, Sérgio Branco, Jhonny Antonio Pabón Cadavid, Hannah Carnegy-Arbuthnott, Silmara Juny de Abreu Chinellato, Carys Craig, Gillian Davies, Anupriya Dhonchak, F. Jay Dougherty, Katharina de la Durantaye, Ezieddin Elmahjub, Susy Frankel, Christophe Geiger, Ysolde Gendreau, Alexandra Giannopoulou, Darren Hudson Hick, Elena Izyumenko, Pascal Kamina, Nari Lee, Rudolf Leška, Brigitte Lindner, Laura Moscati, Beatriz Nunes, John Peffer, Giorgio Spedicato, Irini A. Stamatoudi, Sybilla Stanisławska-Kloc, Tatiana Synodinou, Paul L.C. Torremans, Tatsuhiro Ueno, Yong Wan, Genevieve Wilkinson, Richard Watt
Contents
Contents
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
Index
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
Index
