The Trouble with Moral Rights

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Abstract:

It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal inconsistencies generated by the vagaries of copyright exploitation. Harmonising moral rights protection or using moral rights justifications cumulatively may not resolve the theoretical inconsistencies. Copyright protection must therefore be seriously overhauled if moral rights are to be widely perceived as vehicles for protecting authors' rights.

Keywords: authors; copyright; copyright and cultural heritage; copyright and freedom of expression; moral rights

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1468-2230.2005.00544.x

Affiliations: University of Aberdeen

Publication date: May 1, 2005

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