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| | Moral rights - Wikipedia, the free encyclopedia |
 | | Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. | | | Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned their rights to a work to a third party they still maintain the moral rights to the work. | | | Those jurisdictions that include moral rights in their copyright statutes are called droit d'auteur states, which literally means "right of the author". |
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http://en.wikipedia.org/wiki/Moral_rights
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| | Moral Rights Basics |
| | Before VARA was passed, courts and commentators struggled to find moral rights in the "derivative work" provision of the Copyright Act, the laws of defamation, the rights of privacy and publicity, the doctrine of misappropriation, and especially the Lanham Act, which deals with trademarks and unfair competition. | | | Moral rights are not transferrable, and end only with the life of the author. | | | In the United States, the term "moral rights" typically refers to the right of an author to prevent revision, alteration, or distortion of her work, regardless of who owns the work. |
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http://cyber.law.harvard.edu/property/library/moralprimer.html
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| | 20th WCP: Humanity and Moral Rights |
| | However, some national states are unable to keep all the lawful human rights of people (for example, some social and economic rights), and it does mean that they cannot perform the moral rights that are more demanding than lawful rights. | | | It does mean that it is unsuitable to promote the lawful right of some individuals, who extraordinarily violate the lawful and moral rights of other individuals. | | | On the other hand, in the countries where these lawful human rights are guaranteed by state and its institutions, there is room for the inclusion of further moral rights into lawful human rights. |
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http://www.bu.edu/wcp/Papers/Huma/HumaGluc.htm
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| | Human Rights [Internet Encyclopedia of Philosophy] |
| | Morality is fundamentally concerned with what ought to be the case, and this cannot be settled by appeals to what is the case, or is perceived to be the case. | | | A legal right cannot be said to exist prior to its passing into law and the limits of its validity are set by the jurisdiction of the body which passed the relevant legislation. | | | A legal right is a right that enjoys the recognition and protection of the law. |
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http://www.utm.edu/research/iep/h/hum-rts.htm
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| | Moral Rights of Authors in USA |
| | The 'moral right' doctrine, as applied in some countries, includes very extensive rights which courts in some American jurisdictions are not yet prepared to acknowledge; as a result, the phrase 'moral right' seems to have frightened some of those courts to such an extent that they have unduly narrowed artists' rights. | | | Conceivably, under the doctrine of Moral Right the court could in a proper case, prevent the use of a composition or work, in the public domain, in such a manner as would be violative of the author's rights. | | | The court found the right in 15 USC § 1125(a), and specifically found that U.S. Copyright law did not recognize moral rights of authors. |
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http://www.rbs2.com/moral.htm
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| | Copyright Amendment (Moral Rights) Bill 1999 (Bills Digest 99 1999-2000) |
| | Moral rights are a separate category of rights to those currently recognised in the Copyright Act. | | | 'Moral rights' is defined to mean the following three rights recognised in the new part: the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship (the right of integrity). | | | The moral rights provisions were withdrawn from that Bill in 1998 when it became apparent that there was a need for further consultation on two or three specific issues of concern to industry. |
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http://www.aph.gov.au/library/pubs/bd/1999-2000/2000BD099.htm
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| | Colorization and "Moral Rights" of the Artist |
| | Right of Disclosure is the right that gives an author the exclusive right to determine whether the work he has decided to create is complete; and the right to decide where and how he will reveal it to the public. | | | Therefore, the Court concluded, the colorization was indeed a violation of the moral right of the author, and its use without the agreement of the Plaintiff caused damages. | | | Contrary to the United States' interpretation, "moral rights" or "droit moral" concentrates on the artist or the author of a work, while the word "copyright" refers to a non-author's rights to copy a given work. |
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http://www.taradji.com/color.html
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| | Moral Rights and Civil Rights |
| | The standard can be as concrete as the Constitution, which guarantees the right of free speech and assures that every American accused of a crime "shall enjoy the right to a speedy and public trial by an impartial jury," or a local law that spells out the legal rights of landlords and tenants. | | | Respecting a positive right, then, requires more than merely not acting; positive rights impose on us the duty to help sustain the welfare of those who are in need of help. | | | Indeed, we seem to have witnessed an explosion of appeals to rights -- gay rights, prisoners' rights, animal rights, smokers' rights, fetal rights, and employee rights. |
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http://www.scu.edu/ethics/publications/iie/v3n1
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| | Copyright Moral Rights (Droit Moral) - MegaLaw.com |
| | Moral Rights Within Copyright, A Legitimate but Little Enforced Right - Discussion of Moral Rights under Canadian Copyright Law, by Irene A. Jendzjowsky, December 1998. | | | Discusses use of federal unfair competition law (in lieu of copyright law) to protect moral rights. | | | Moral Rights and the Electronic Library by Charles Oppenheim. |
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http://www.megalaw.com/top/copyright/copyrightmoral.php
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| | Moral Rights |
| | Just as you can contract to ensure your moral rights, you can also contract out of some of them, as long as it is specifically stated — for example, a contract may contain a clause allowing the publisher to make certain kinds of amendments to the index. | | | Moral rights are newly recognised legal rights relating to one’s reputation in connection with one’s work. | | | A consolidated version of the Copyright Act: http://scaleplus.law.gov.au, incorporating the changes introduced by the Copyright Amendment (Digital Agenda) Act 2000 and the Copyright Amendment (Moral Rights) Act 2000. |
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http://www.aussi.org/profissues/moralrights.htm
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| | Ethics [Internet Encyclopedia of Philosophy] |
| | But it also depends on more general normative principles, such as the right of self-rule and the right to life, which are litmus tests for determining the morality of that procedure. | | | First, Bentham proposed that we tally the consequences of each action we perform and thereby determine on a case by case basis whether an action is morally right or wrong. | | | Jefferson and others rights theorists maintained that we deduce other more specific rights from these, including the rights of property, movement, speech, and religious expression. |
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http://www.utm.edu/research/iep/e/ethics.htm
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| | Artquest > The Artlaw Archive > Current Copyright Legislation > Copyright and Moral Rights: New Legislation ... |
| | All visual works will be protected against moral rights abuses, so long as they are 'artistic works' as defined by the Act's copyright provisions (see AM 124). | | | Infringing acts which occur before that date and continue after it, are not specifically covered in the new Act's transitional arrangements; no doubt a test case will occur to cause the courts to decide. | | | No part of this work may be reproduced or transmitted in any form or by any means, or stored in a retrieval system of any nature, without the written permission of the copyright holder. |
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http://www.artquest.org.uk/artlaw/copyright/moralrights.htm
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| | Moral Rights |
| | Notice too, that because Moral Rights can never be assigned, it is quite irrelevant what copyright clearances you have obtained from the copyright owner. | | | It is important to note that authors or creators must choose to assert their Moral Rights (they are not automatic as copyright is), but at the same time, Moral Rights can never be assigned - they remain with the author even if he or she assigned the copyright to a publisher or some other organisation. | | | Moral Rights are a potential minefield, and are a nightmare for anyone developing electronic library services. |
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http://www.ariadne.ac.uk/issue4/copyright
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| | THE MORAL RIGHTS OF DROIT MORAL: France's example of Art as the Physical Manifestation of the Artist |
| | The French courts have interpreted the right of disclosure to mean that the artist alone has the right to decide when and if her/his works should be disclosed to the public. | | | The French system, unlike the American system, statutorily recognizes four separate categories of moral rights: (1) the right of disclosure, (2) the right of attribution, (3) the right of integrity, and (4) the right of retraction.(fn3). | | | This language associates the Berne Convention with the philosophy of "authors" rights perspective over that of the "copyright" approach (which is what the U.S. embodies) to the transfer of artistic works. |
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http://www.ibslaw.com/melon/archive/206_moral.html
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| | [PAML] Copyright explained |
| | Although rights in relation to 'other' subject matter are often referred to as 'neighbouring rights' in Europe, all rights are treated as 'copyright' under Australian law. | | | Strictly speaking, these rights are not the same as copyright, because they cannot be assigned to another person and are thus not regarded as personal property. | | | It provides for the compulsory licensing to educational institutions of the right to copy published materials and broadcasts for the educational purposes of the institution. |
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http://www.acmi.net.au/PAML/toolbox/cr_exp.htm
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| | Animal rights - Wikipedia, the free encyclopedia |
| | Animals are protected under the law, though without having rights assigned to them. | | | The draft bill is supported by an RSPCA campaign. | | | The Case for Animal Rights, New York: Routledge, 1984 |
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http://en.wikipedia.org/wiki/Animal_rights
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| | PublishersWeekly.com |
| | Use of this web site is subject to its Terms and Conditions of Use | | | © 1997-2005 Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. | | | Stay up to date on the Comics, Graphic Novels and Manga news with this weekly newsletter. |
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http://www.publishersweekly.com/AAR/MoralRights.html
(418 words)
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