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Research Handbook on Intellectual Property and Moral Rights

Research Handbook on Intellectual Property and Moral Rights

Author: Ysolde Gendreau
Publisher: Edward Elgar Publishing
ISBN: 9781789904864
Published In: September 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists.

Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also explores economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them.

With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law.

Epigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xi

Milan Kundera

Introduction: a contemporary take on moral rights in intellectual property xiii

Ysolde Gendreau

PART I. PHILOSOPHICAL ISSUES

1. In defence of honour? A case for moral rights from relational autonomy 2

Hannah Carnegy-Arbuthnott

2. The moral rights of the author – “All Quiet on the Eastern Front”?

(a Polish perspective) 15

Sybilla Stanisławska-Kloc

3. Islamic legal philosophy and moral rights 48

Ezieddin Elmahjub

4. Against integrity: a feminist theory of moral rights, creative agency and attribution 60

Carys Craig and Anupriya Dhonchak

5. Civil Codes and authors’ rights 81

Laura Moscati

PART II. MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS

6. Inventor’s moral right and morality of patents 96

Nari Lee

7. Moral rights and industrial design 113

Giorgio Spedicato

8. Exploring moral interests in the intellectual creations underlying trademarks 134

Genevieve Wilkinson

PART III. TRADITIONAL MORAL RIGHTS DIVISIONS

9. Dualist vs. monist approaches to copyright within the European Union – an obstacle to the harmonization of moral rights? 152

Katharina de la Durantaye

10. Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry 167

F. Jay Dougherty

PART IV. CHALLENGES TO MORAL RIGHTS

11. The economic dimension of moral rights 186

Richard Watt

12. Moral rights for corporate entities 197

Pascal Kamina

13. Moral rights in cases involving multiple ownership 210

Tatiana Synodinou

14. “Sharing is caring”: Creative Commons, transformative culture, and moral rights protection 233

Alexandra Giannopoulou

15. Artificial intelligence and moral rights 251

Sérgio Branco and Beatriz Nunes

16. Exceptions and limitations to moral rights 267

Johan Axhamn

17. Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals 292

Christophe Geiger and Elena Izyumenko

18. Protection of moral rights in Greece, limitations and issues of abuse 315

Irini A. Stamatoudi

19. Moral rights and alternative dispute resolution 339

Brigitte Lindner

20. Private international law issues of moral rights 355

Paul L. C. Torremans

PART V. MORAL RIGHTS OUTSIDE EUROPE

21. Moral rights and the protection of traditional knowledge 370

Susy Frankel

22. Moral rights in Japan – ‘moral rights’ of juridical persons? 384

Tatsuhiro Ueno

23. Moral rights in China 399

Yong Wan

24. A reinforced protection to the constitutional fundamental right to authors’ moral rights in Latin America 413

Jhonny Antonio Pabón Cadavid

25. Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era 429

Silmara Juny de Abreu Chinellato

26. Moral rights in Commonwealth countries 443

Gillian Davies

PART VI. AUTHORS AND MORAL RIGHTS

27. Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa 461

John Peffer

28. Fictional stories by fictional people: Alan Smithee and moral rights 479

Darren Hudson Hick

29. Thou shalt not read: ius abutendi as a moral right of the author? 494

Rudolf Leška

In conclusion: What’s new with moral rights? 516

Ysolde Gendreau

Appendix: Commonwealth laws on moral rights – August 2022 533

Index

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