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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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The Moral Rights of Authors and Performers An International and Comparative Analysis

ISBN13: 9780199284740
ISBN: 0199284741
Published: October 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £260.00

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This book is a comprehensive guide to the development and utilisation of moral rights across the key jursidictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.

The book discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.

The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.

The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators.

Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarised in tabular form.

  • The first in-depth treatment of moral rights across a range of major jurisdictions.
  • Separate sections devoted to France, Germany, Canada, the UK, the US and Australia, make it ideal for the practitioner involved in cross-jurisdictional disputes.
  • Comparative and historical analysis across the jurisdictions gives an overall understanding of the rights.
  • Extensive case notes provide concrete examples of the rights' utilisation and development in each jursidiction

Intellectual Property Law, Media and Entertainment Law
Part I: The European Background
1. Beginnings in Europe
2. The Rights Protected: France and Germany to 1928
3. Moral Rights as Cultural Protection - A Deviation From the Norm
4. Legislative Protection of the 1920s

Part II: International Growth
5. The Development of International Protection - 1858 to 1928
6. The Rome Revision Conference of the Berne Convention
7. Post-War International Developments

Part III: Protection in Two Continental Systems
8. Moral Rights in France
9. Moral Rights in Germany

Part IV: Protection in the Copyright Countries
10. Establishing Moral Rights in the Copyright Countries
11. Canada: Developments Towards the Current Law
12. Canada: The Rights and Their Application
13. The United Kingdom: Developments Towards the Current Law
14. The United Kingdom: The Rights and Their Application
15. The United States: Developments Towards the Current Law
16. The United States: The Rights and Their Application
17. Australia: Developments Towards the Current Law
18. Australia: The Rights and Their Application
19. International Moral Rights Litigation

Table of World Moral Rights