Moral Rights : Principles, Practice and New Technology


Mira T. Sundara. Rajan
Bok Engelsk 2011 · Electronic books.
Utgitt
New York ; Oxford : : Oxford University Press, , 2011.
Omfang
1 online resource (572 p.)
Opplysninger
Description based upon print version of record.. - CONTENTS; ACKNOWLEDGEMENTS; FOREWORD; PREFACE; CHAPTER 1: Introduction: Moral Rights in the Virtual Age; A. Moral Rights: Theory and Purpose; 1. The Doctrine of Moral Rights; 2. Legal Implications; 3. Practical Implications; B. Moral Rights in the Digital Context; 1. Conceptual Challenges; 2. Enforcement Difficulties; C. Scope and Structure of this Study; CHAPTER 2: Moral Rights: History of an Idea; A. Principles of Interpretation: Legal Virtuosity and Its Limits; B. Origins of the Doctrine; C. Moral Rights at Home: France; 1. An Unresolved Past: Moral Rights and Revolutionary Ideals. - 1. Canada: A Country in Transition2. The United States: A Difficult Future?; 3. Australia and a Moral Right in Indigenous Culture; B. Growth of the Doctrine: Moral Rights and Developing Jurisdictions; 1. India and Other British Colonies: Common Law, or Not?; 2. Moral Rights and the Protection of Culture: Indian Copyright Law; 3. Conclusion; C. Moral Rights and ""Honor"" in a New Technological Society: Japan; D. Moral Rights and Creative Freedom: Post-Socialist Countries and the Example of Russia; 1. Russia's Place in the Post-Socialist World. - 2. Moral Rights in Transition: The 1991 USSR Fundamentals of Civil Legislation3. International Influence: The Copyright Act of 1993; 4. Programmers' Moral Rights: The Law on Computer Programs and Databases and the Recognition of Scientists; 5. Return to the Future: The 2008 Civil Code Provisions on Copyright; 6. Continuing Improvements to Moral Rights in Russia; 7. A New Moral Right in Russian Law: The Renewal of Copyright Terms for Rehabilitated Authors; 8. Conclusion; E. Conclusion: The Modern Doctrine; CHAPTER 4: Moral Rights in the International Copyright Regime. - 2. Moral Rights: An Awkward Silence. - 2. The Modern Doctrine: A Controversial Model LawD. German Moral Rights: Romance of a Theory; 1. The Birth of Monism; 2. Monism in Practice; 3. The Modern Moral Rights: Germany and Austria; 4. Historical and Cultural Context: The Nazi Past and the Significance of Reputation; 5. Conclusion; E. Great Britain: Second Thoughts-The Reasons Behind an Early Rejection of Moral Rights; 1. Early History and the Statute of Anne, 1710; F. Conclusion; CHAPTER 3: A Theory in Flux: The Evolution in Progress of Moral Rights; A. Spread of the Doctrine: Moral Rights and the Common Law. - A. The International Copyright Regime: An OverviewB. First Principles: International Copyright in Practice; 1. Minimum Standards; 2. National Treatment; C. The Global Status of Moral Rights; 1. The Berne Convention: An Uneasy Compromise; 2. The TRIPs Agreement: Reality or Illusion?; 3. Moral Rights in the Digital Age: The WIPO Treaties; 4. The European Union: Unfulfilled Promise; 5. Bilateral Agreements: A Deceptive Way Forward; D. Conclusion; CHAPTER 5: The Programmer as Author: Moral Rights in Information Technology; A. Computer Software; 1. Legal Position: A New Kind of ""Literary Work"". - 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
Emner
Sjanger
Dewey
ISBN
9780195390315

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