Moral RIghts
I was looking at When elephants dance.
Its about copy protection and the entertainment industry. The fallout from Napster burning CDs etc, but it also says:
Interestingly, the act of using the copy protection technology is much more prevalent in Europe. Most European countries, unlike the United States, recognize an artist’s “moral rights” in the work they create.
Moral rights are a package of intellectual property rights granted to the original creator of a work, and include:
- The right of integrity;
- The right of attribution;
- The right of disclosure;
- The right to withdraw or retract; and
- The right to reply to criticism.
These moral rights are separate from the economic copyright that these days generally transfers from an author to a publisher and they can survive the author. The idea originated with the French, who believe that any creative work, by definition, includes the personality and character of the author. Where copyright is a property right that can be transferred, moral rights are part of the author’s personality and character and non-transferable.
The first two moral rights—the right of integrity and the right of attribution—are especially important because they are codified as international law in the Berne Convention. The United States claims its intellectual property law complies with the Berne Convention, but this is just two instances where it doesn’t.
The most important of these rights is the first, the right of integrity. Basically it prohibits an author’s work from being distorted in any way that would harm the author’s reputation and dates to the 1957 French law of “droit au respect de l'oeuvre.” It’s a safe bet that a cross-reference over which the author had no control would be seen as a distortion of the work.
Is it possible given the right of integrity and the right of attribution the law of “droit au respect de l'oeuvre” mean that the “Barthes, Foucault and Derrida” take on authorshio of which Sean wrote have written is actually illegal in France. I do hope so.
3:57:51 PM
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