4. Moral rights

2019 ◽  
pp. 50-63
Author(s):  
Tim Press
Keyword(s):  
Civil Law ◽  
Moral Rights ◽  
Berne Convention ◽  
Economic Rights ◽  
Right Of Privacy ◽  
Different Types ◽  
The Uk ◽  
The Right ◽  
The Relationship

There are two different types of rights labelled as ‘moral rights’ in the CDPA: rights for authors referred to as the rights of paternity and integrity; and other rights of all individuals: the right not to be falsely attributed as author of a work; and a right of privacy in privately commissioned photographs and films. These protect non-commercial aspects of the relationship between authors and their works. Thus, they cannot be assigned, and may be enforced even after the author has assigned or licensed their economic rights, and even against the owner or licensee. The rights last as long as copyright does and pass to the author’s beneficiaries on death. Different countries have implemented the Berne rights in different ways. Authors’ moral rights were introduced in 1988 to implement the Berne Convention; the UK does not protect them as fully as other countries, particularly civil law countries.

4. Moral rights

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Civil Law ◽  
Moral Rights ◽  
Berne Convention ◽  
Economic Rights ◽  
Right Of Privacy ◽  
Different Types ◽  
The Uk ◽  
The Right ◽  
The Relationship

There are two different types of rights labelled as ‘moral rights’ in the CDPA: rights for authors referred to as the rights of paternity and integrity; and other rights of all individuals : the right not to be falsely attributed as author of a work; and a right of privacy in privately commissioned photographs and films. These protect non-commercial aspects of the relationship between authors and their works. Thus, they cannot be assigned, and may be enforced even after the author has assigned or licensed their economic rights, and even against the owner or licensee. The rights last as long as copyright does and pass to the author’s beneficiaries on death. Different countries have implemented the Berne rights in different ways. Authors’ moral rights were introduced in 1988 to implement the Berne Convention; the UK does not protect them as fully as other countries, particularly civil law countries, do.

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

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.

construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of

1997 ◽  
pp. 488-488
Keyword(s):  
German Law ◽  
White Paper ◽  
Moral Rights ◽  
Green Paper ◽  
Berne Convention ◽  
Economic Rights ◽  
Statutory Duty ◽  
The Government ◽  
The Right ◽  
Right Of Withdrawal

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

ECONOMIC RIGHTS TO INTELLECTUAL PROPERTY RIGHTS OBJECTS, CREATED ON THE BASIS OF RESEARCH AGREEMENTS IN HIGHER EDUCATIONAL INSTITUTIONS OF UKRAINE

2020 ◽  
Author(s):  
Юлія Осипова
Keyword(s):  
Technological Development ◽  
Scientific Discovery ◽  
Educational Institution ◽  
General Rule ◽  
Moral Rights ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Economic Rights ◽  
Higher Educational ◽  
The Right

The article deals with the features of the distribution of economic rights between customers of basic and applied researches, research and technological development (RTD) and higher educational institutions, as executors of such researches.During the study the author has analyzed general provisions of the Civil Code of Ukraine regarding the distribution of rights to the results of basic and applied researches, research and technological development (RTD) between the customer and the executor of such researches. In addition, the author has analyzed provisions of special legislation regarding the distribution of economic rights to scientific and scientific-technical (applied) results, which are IPR objects.Based on this analysis, it has been found that the distribution of economic rights to IPR objects, which are the results of basic and applied researches, research and technological development (RTD), at the level of «customer — executor of such researches» will depend on: 1) the type IPR objects that will be created and 2) the sources of fundingof such researches. In relation to such IPR objects as inventions, utility models, industrial designs, copyright, layout designs (topographies) of integrated circuits, plant varieties, animal breeds and performances the following options for distribution of economic rights are possible:1) in case of non-budgetary financing of basic and applied researches, research and technological development (RTD) — rights belong jointly to the customer and the higher educational institution-executor of such researches. This may be changed by a contract between the customer and the executor.2) in case of budgetary financing of researches — rights belong to the higher educational institutions-executor of such researches. In addition, the legislator does not provide for the possibility to change the said provision by contractually. At the same time, the customer of such research should be assigned the right to use IPR objects for free.3) in the case of budgetary financing of the researches, while the obtained IPR objects are state secrets or objects obtained under a state defence order — rights belong to the customer of such research. This cannot be changed contractually either;4) in the case of mixed financing (own funds of the higher educational institution and budgetary funds) – rights belong to the party that will be determined contractually by the customer and the executor of the basic and applied researches, research and technological development (RTD).In the case of a scientific discovery, we can only talk about moral rights, namely – the right of attribution. Thus, the indicated object is outside of the scope of the rules regarding the distribution of economic rights.As to phonograms and videograms, the economic rights to these objects will belong to that party to research agreements that will actually “create” those objects. This can be either the customer or the executor of such researches.As to trade secrets, the economic rights will, as a general rule, belong to both the customer and higher educational institution — the executor of basic and applied researches, research and technological development (RTD). In this case, disposing of these rights will be carried out jointly. This can be changed contractually. Also, suggestions to improve the legislation of Ukraine have been made.  

Parody and Moral Rights

2019 ◽  
pp. 167-195 ◽  
Author(s):  
Sabine Jacques
Keyword(s):  
Public Interest ◽  
Copyright Law ◽  
Moral Rights ◽  
Economic Rights ◽  
The Public ◽  
The Relationship ◽  
Personal Interests ◽  
Scope Of Protection

This chapter examines the relationship between parody and an author’s moral rights. It first traces the evolution of the concept of moral rights as a means of providing protection not only of the authors’ personal interests but also the public interest before discussing the reasons why moral rights might conflict with parodies. It considers two competing theories underlying the protection of authorial interests—the ‘monist’ theory and the ‘dualist’ theory—and their implications for the parody exception. It also explains how jurisdictions differ in the nature and scope of protection afforded to moral rights, noting that the parody exception in ‘copyright’ law does not extend to moral rights. The chapter goes on to explore the author’s paternity and integrity rights as well as their right against false attribution. It shows that, in the case of parodies, an overlap exists between the regimes applied to moral and economic rights.

scholarly journals Asylum Seekers and the Labour Market: Spaces of Discomfort and Hostility

2017 ◽  
Vol 16 (4) ◽  
pp. 669-679 ◽  
Author(s):  
Louise Waite
Keyword(s):  
Labour Market ◽  
Asylum Seekers ◽  
Refugee Status ◽  
Modern Slavery ◽  
The Uk ◽  
The Right ◽  
Hostile Environments ◽  
The Relationship ◽  
Policy Shifts ◽  
Recent Policy

This article examines the relationship in the UK between asylum-seeking and the labour market. Since 2002, asylum-seekers have not been allowed to work unless they have waited over twelve months for an initial decision on their asylum claim. This policy change occurred as employment was considered a ‘pull factor’ encouraging unfounded asylum claims. Despite not having the right to work, asylum-seekers – and especially those whose applications for refugee status have been refused by the UK government – interact with the labour market in manifold ways. Drawing on an ESRC-funded study in the UK's Yorkshire and Humber region and related studies, this article argues that both asylum-seekers and refused asylum-seekers form a hyper-exploitable pool of ‘illegalised’ and unprotected workers. As a vital part of their survival terrain, work is largely experienced as for-cash labouring in low-paid labour market sectors where the spectre of exploitation and even ‘modern slavery’ are perpetual threats. Recent policy shifts are deepening such threats through creating increasingly ‘uncomfortable’ and ‘hostile’ environments for certain categories of migrants.

scholarly journals Freedom of Expression in the UK and Protection of Privacy in Human Rights: Princess Diana’s Case as an Example

2020 ◽  
Vol 7 (4) ◽  
pp. 192-203
Author(s):  
Araz Ramazan Ahmad ◽  
Nazakat Hussein Hamasaeed ◽  
Muhammad Saud
Keyword(s):  
Freedom Of Expression ◽  
Fundamental Aspect ◽  
Media Law ◽  
Content Analysis Method ◽  
Right Of Privacy ◽  
The Media ◽  
The Right Of Privacy ◽  
The Uk ◽  
The Right ◽  
The Impact

This paper mainly aims to argue the research questions “what is the right of privacy?, how the article 8 protected privacy in Act 1998 and to deliberate the case of princes Diana Between the freedom of expression and protect the privacy?. Hence, to discourse the impact of the media Law in dealing  with freedom of expression and the right of privacy.  This paper will argues the concept of the Freedom of expression which is one of the most fundamental aspect of the individuals rights that enjoy in everyday life. It is fundamental to the existence of democracy and the respect of human dignity in the community. On the other hand, the paper will explore the impact on media law and some examples of rich figure, media celebrity and famous, which they complaining of the media invasion of privacy will be explained, and then how the Court treated with Princess Diana’s case in the viewpoint of privacy and freedom of excretion concepts. The paper mainly depends on the content analysis method for analysing legal documentation of the articles related to the freedom of expression, also it depends on the case-study method for its sample which is Princess Diana’s case.

scholarly journals ‘Virtuous’ and ‘Vicious’ Circles? Adults’ Participation in Different Types of Training in the UK and Its Association with Wages

2019 ◽  
Vol 7 (3) ◽  
pp. 177-201 ◽  
Author(s):  
Daria Luchinskaya ◽  
Peter Dickinson
Keyword(s):  
Health And Safety ◽  
Black Box ◽  
Market Outcomes ◽  
Different Types ◽  
Labour Market Outcomes ◽  
Occupational Standards ◽  
The Uk ◽  
Wage Increases ◽  
The Relationship ◽  
And Training

The relationship between education, skills and labour market outcomes is becoming an increasingly pressing issue in many countries. In the UK, recent changes in education and skills funding structures and the ongoing consequences of the 2008 recession may have affected participation in training. ‘Virtuous’ and ‘vicious’ circles of learning may exist, whereby access to training is associated with social advantage, and training begets more training. We explore workers’ participation in different types of training and how this is associated with wages using the UK Household Longitudinal Study. Our exploratory findings suggest that those working in lower-level occupations may not only be less likely to undertake training in general, but also less likely to have done types of training associated with wage increases (e.g., to meet occupational standards), and more likely to have done training associated with no or negative changes in wages (e.g., health and safety) compared to those working in higher-level occupations. We suggest that further research is needed to unpack the ‘black box’ of training and its impacts upon different groups of people. We discuss the implications of our findings to help break the ‘vicious’ circles.

scholarly journals To the Definition of Preferential Right in Civil Law

2021 ◽  
Vol 17 (2) ◽  
pp. 45-53
Author(s):  
A. V. Pikalov
Keyword(s):  
Civil Law ◽  
Third Parties ◽  
Legal Obligation ◽  
Specific Group ◽  
Legal Nature ◽  
The Subject ◽  
Single Idea ◽  
Definition Of ◽  
The Right ◽  
The Relationship

The essential features of the preferential right are revealed and the main approaches to understanding its legal nature are considered. According to the first approach, preferential rights are defined as cases when, under all equal conditions, the advantage is granted by law to a specific group of persons with some special characteristics. The second approach does not have a single idea: the authors focus on a certain aspect of preferential rights and propose to understand other preferential rights in the same way. The place of “preferential rights” among other exceptions in the law is determined, the relationship and difference from related legal categories are shown. Based on the results of carried out research, the author's definition of a preferential right is developed as an additional possibility based on the property (corporate) interest of its owner, established by law or contract, to demand from the subject-accomplice in the right or the party in respect of proper behavior in the form of providing advantages over third parties. This right is proposed to be considered an independent subjective right due to the obvious independence of its existence in objective law as a measure of possible behavior defined by law (by contract, constituent document), the presence of a construction corresponding to it of a legal obligation, its own mechanism for the implementation of this right, and for a number of other reasons set out in the work.

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