[PDF] Moral Rights Creativity And Copyright Law eBook

Author : Sarah Hook
Publisher :
Page : 0 pages
File Size : 45,98 MB
Release : 2024
Category : Authors
ISBN : 9781032534633

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"This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticization, of the role of the author. The romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice - especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic - for example, intellectual or emotional - interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivize innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests"--

Author : Roberta Kwall
Publisher : Stanford University Press
Page : 272 pages
File Size : 20,90 MB
Release : 2010
Category : Law
ISBN : 0804756430

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This book explores human creativity to illustrate how the legal system can protect a wide variety of authors from attribution failures and other assaults to the intended messages of their works.

Author : Amelia V. Vetrone
Publisher : iUniverse
Page : 138 pages
File Size : 27,33 MB
Release : 2003
Category : Art
ISBN : 0595296831

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It may be said that the beauty of art comes from the struggle that is involved in creating it: struggle to hear the voice, struggle to understand the voice, struggle to express or articulate the voice, struggle to let others hear the voice, and struggle to protect what has been expressed. This book is about the last struggle--to legally protect what has been expressed by appreciating the struggle that has come before. The Legal and Moral Rights of All Artists is a clear, jargon-free explanation of the crucial concepts every artist needs to know, such as copyright, trademark, work-for-hire and other contract issues, as well as the all-important doctrine of moral rights. Drawing on the historical perspective of the artist as the core element of any created work, this book explains the protection available to artists, not only for their works but also for their vision, integrity, and reputation. Filled with anecdotes and practical advice, this book will be an important resource for everyone involved in the creative process.

Author : Andreas Rahmatian
Publisher : Edward Elgar Publishing
Page : 335 pages
File Size : 47,33 MB
Release : 2011-10-01
Category : Law
ISBN : 0857936336

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A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author s language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A must read in a time when our creative industries are being called upon to help re-build our shattered economy. Charlotte Waelde, University of Exeter, UK Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property. Paul J. Heald, University of Georgia, US Copyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d auteur. This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The final parts of the book deal with the propertisation/commodification of human authors themselves through their works as alienable objects of property, the well-known Romantic author critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process. This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organisations concerned with law reform, European institutions, and international organisations will also find much to interest them in this book.

Author : Sarah Hook
Publisher : Taylor & Francis
Page : 155 pages
File Size : 23,35 MB
Release : 2024-01-16
Category : Law
ISBN : 1003835066

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This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.

Author : Mira T. Sundara Rajan
Publisher : Oxford University Press
Page : 572 pages
File Size : 30,25 MB
Release : 2011-01-02
Category : Law
ISBN : 0199749973

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The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, particularly as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is imperative. Moral Rights: Principles, Practice and New Technology is the first work to comprehensively address the role and challenges of moral rights in an environment of digital technology The problem is addressed from both practical and theoretical channels, and examples drawn from the legislation and practice of key jurisdictions around the world. The book concludes with a consideration of how the concept of moral rights can contribute to the re-organization of copyright law in a digital context.

Author :
Publisher : WIPO
Page : 68 pages
File Size : 11,22 MB
Release : 2006
Category : Law
ISBN : 9280513494

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This is the fourth in the series of guides on “Intellectual Property for Business.” It provides an introduction to copyright and related rights for business managers and entrepreneurs. It explains, in simple language, mainly those aspects of copyright law and practice that affect the business strategies of enterprises.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 24 pages
File Size : 21,72 MB
Release : 2006
Category : Law
ISBN : 928051265X

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This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.

Author : A. Ng
Publisher : Edward Elgar Publishing
Page : 177 pages
File Size : 11,81 MB
Release : 2011-01-01
Category : Law
ISBN : 1849807825

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The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.

Author : Ysolde Gendreau
Publisher : Edward Elgar Publishing
Page : 583 pages
File Size : 25,66 MB
Release : 2023-09-06
Category : Law
ISBN : 1789904870

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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.