6. Moral rights

2019 ◽  
pp. 131-148
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh

This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.

Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.


Comunicar ◽  
2005 ◽  
Vol 13 (25) ◽  
Author(s):  
María-Magdalena da-Costa-Oliveira

To transform an individual pain into a collective feeling of suffering is a capacity of all mass media. However, television has, in this point, a tremendous power. The capacity to join millions of TV viewers in front of itself is its most admirable merit, but it’s also its most dreadful danger. Principally when the point are the human rights, as the right of privacy or the right of not suffer in the public space, the demand of quality appears not only as an obligation of the Government but also as a duty of citizenship of all TV viewers. Although it is not properly a novelty in some European countries, the existence of a TV Ombudsman2 will be a reality in Portugal only this year. The Government has approved a legal diploma to create this figure, which will evaluate the programming and information of the public channel RTP. As the ombudsmen of press that we already know, the TV Ombudsman will be the person who receives the critics and observations of TV viewers, evaluates them and writes about them an impression to the administration of the channel. Being a self-regulatory proceeding, the TV Ombudsman is fundamentally a mechanism that implicates citizens. It is not only an entity of vigilance on ethics of Television. It is essentially a platform of dialogue between journalists, programmers and TV viewers. As in the press, the Ombudsman is a mediator. Although it is probably not an absolute guarantee of quality, TV Ombudsman is surely an argument of citizens against the bad things diffused by the box that we believe is the one by which the most important of our lives goes trough. Transformar uma dor individual num sentimento colectivo de sofrimento é uma capacidade de todos os meios de massa. Todavia, a televisão tem a este título um poder tremendamente grande. A capacidade de reunir milhões de telespectadores à sua frente é o seu mais admirável mérito, mas também o seu mais temível perigo. Sobretudo quando estão em causa direitos humanos, como o direito à privacidade ou a não sofrer no espaço público, a procura de qualidade surge não somente como uma obrigação do governo como também como um dever de cidadania de todos os espectadores. Não sendo propriamente novidade em alguns países europeus, a existência do Provedor do Telespectador1 só será uma realidade em Portugal este ano. O governo aprovou um diploma para a criação desta figura que deverá avaliar a programação e a informação do canal público RTP. Como os provedores dos leitores que conhecemos, também o Provedor do Telespectador será a pessoa que receberá as críticas e as observações dos telespectadores, as avaliará e emitirá sobre elas um parecer para a administração do canal. Sendo um procedimento de auto-regulação, o Provedor do Telespectador é fundamentalmente uma entidade de vigilância da ética da televisão. Essencialmente é uma plataforma de diálogo entre jornalistas, programadores e telespectadores. Tal como na imprensa, o Provedor é um mediador. Ainda que não seja provavelmente uma garantia absoluta de qualidade, o Provedor do Telespectador é seguramente um argumento dos cidadãos contra os males difundidos pela caixa que se crê ser aquela por onde passa o mais importante das nossas vidas.


2021 ◽  
pp. 7-20
Author(s):  
Adam Szymacha

The aim of the article: The presented study concerns the problem of violations of fundamental rights caused by the law regulation contained in art. 27c of the Corporate Income Tax Act in Poland. This regulation provides obligation to publish information about introduced tax strategies. Yet, it may endanger many human rights and this article focuses on two of them – the right to remain silent, and the right of privacy. The aim of this article is to make an analysis of the standards presented by the Court of Justice of the European Union and the European Court of Human Rights. Additionally, the standard presented by the Polish Constitutional Court is presented. Methodology: To decode these standards the comparative law method is used. Especially the case laws of these courts are presented and additionally, they are completed by the comparison of the acts that concern similar law institutions but come from different lawmakers. Results of the research: The results of the study do not provide a clear answer. However, they do allow for an approximation of the issue of possible violations of fundamental rights by the analyzed regulation. It is very likely that the analyzed regulation violates the right to remain silent and it is even close to certainty that the analyzed laws violate the right to privacy. The problem is not only the interference in these rights, but in its character as well. Under certain circumstances, interference with fundamental rights is acceptable but must be proportionate. Examined laws are only explained in terms of budgetary balance and the academic world points out that the purpose of this type of regulation is mainly of administrative convenience. This is far too little to consider this interference with fundamental rights imperative.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”


2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.


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