Moral Rights, 2nd Edition

Author: Gillian Davies; Kevin Garnett, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414055575

Previous Edition ISBN: 9780421729407
Published In: November 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Moral Rights is an essential reference on an increasingly important subject. This book clearly and comprehensively looks at the impact and protection of these rights in the UK as well as providing a comparative analysis of moral rights in key jurisdictions across the world. It is the definitive resource on moral rights on the national and international stage.

The 2nd Edition includes:

Comprehensive commentary on the development and impact of moral rights in the United Kingdom, clarifying exactly how the law protects them.
Provides international comparative analysis of the origins, principles, and law governing moral rights.
Analyses the legal position in over 20 key jurisdictions with an additional table summarising moral rights in more than 160 countries.
Discusses the history and theory of moral rights and their development in both common law and civil law jurisdictions.
Full examination of moral rights in the United Kingdom, analysing the four distinct rights conferred by the Copyright, Designs and Patents Act 1988 as well as those rights that are not protected.
Systematic commentary on the treatment of moral rights in key jurisdictions across the world, including France, Russia, China, Israel, Latin America, and the USA.
Each jurisdiction analysed under the same headings to allow for simple and clear comparisons.
Addresses key questions of assignment and duration, infringement, remedies, penalties, and the waiving of rights.
Incorporates relevant sections of the Copyright, Designs and Patents Act 1988 for ease of reference.
Assesses the position and role of moral rights in the modern day.
Provides the reader with a valuable resource on a subject that is often in the shadow of economic rights.

New to this Edition

Fully updated analysis to reflect the latest and most significant changes in moral rights law across the world.
Expanded international coverage with the inclusion of six new jurisdictions, all examined in detail: Czech Republic, Egypt, Hungary, India, Slovakia

Part I: The nature and origins of moral rights

Origins of the theory of moral rights

The International development of moral rights

In civil law countries
The monistic theory of copyright
The dualist theory of copyright
In common law countries

Moral rights in international instruments

The Berne Convention
The WIPO Copyright Treaty 1996
The WIPO Performances and Phonograms Treaty 1996
The TRIPS Agreement 1994

Moral rights in regional conventions

Council of Europe treaties
EC policy on moral rights

Part II: Moral rights in the United Kingdom
Historical treatment of UK protection down to CDPA 1988, plus outline of subsequent amendments

Introduction

The four rights protected as moral rights by statute
The requirement of a copyright work
The requirement of a qualifying performance
Protection by other causes of action

The concept of a copyright work

Classification of protected works
The requirement of fixation
The requirement of originality
Qualifying conditions
Foreign works
Works denied protection

The concept of authorship in relation to a copyright work

The concept of a performer

What is a performance?
Who is the performer?
Qualifying performances

Part III Treatment of moral rights in other jurisdictions
EUROPE

Belgium
France
Germany
Greece
Italy
The Netherlands
The Nordic Countries (Denmark, Finland, Norway and Sweden)
Portugal
Spain
Switzerland
Russia

OTHER COUNTRIES/REGIONS

Australia
Canada
China and Hong Kong
India
Israel
Japan
Latin America
United States of America
Rest of World

Gillian Davies is a barrister at Hogarth Chambers and formerly chairman of a Technical Board of Appeals at the European Patent Office. Gillian is a specialist in international intellectual property law with a particular emphasis on the international conventions governing patent law and copyright and related rights as a result of many years experience gained working for the World Intellectual Property Organisation (WIPO), Geneva, the International Federation of the Phonographic Industry (IFPI), London, and the European Patent Office (EPO), (Munich). Her expertise extends also to EU legislation on patents, copyright and related rights.
Her practice concentrates on European and international advice on patent and copyright matters. She is also in demand as a speaker at international and UK seminars on IP and is co-author of Copinger & Skone James on Copyright.

Kevin Garnett QC is the former head of Hogarth Chambers and has been a Legal Member of the Boards of Appeal of the European Patent Office since 2005. His practice has extended over a wide area, ranging from the traditional chancery fields such as property law, probate, etc, to the more commercially orientated work which forms much of present day practice. He now specialises, particularly in:

intellectual property work, with an emphasis on copyright
entertainment and media law, particularly in music, film and publishing work

He is named in Legal 500 as one of the two top silks for Media and Entertainment law, and as a leading silk in the Intellectual Property field (particularly recommended for copyright and trademark work). He is also named in Chambers in the top bracket of leading silks (one of three) for Media and Entertainment work.

List of Conributors

Paul Torremans, Professor of Intellectual Property, School of Law, University of Nottingham
Joris Deene, Faculty of Law, University of Ghent
Adolf Dietz, Prof. Dr. jur. Dr. h.c.; Head of Division (ret.), Max-Planck-Institute for Intellectual Property, Competition and Tax Law, Munich, Germany
Irini A Stamatoudi, LL.M, Ph.D.
Maria Mercedes Frabboni, Centre for Commercial law Studies, Queen Mary, University of London
Prof. Dr. F. W. Grosheide
Johan Axhamn, LL.M, MBA. LL.D. candidate in intellectual property law at the Faculty of Law, Stockholm University
Patricia Akester, Ph.D, University of Cambridge
Carmenchu Buganza, Ph.D in Law, University of Barcelona, Lecturer on Commercial Law and Intellectual Property Rights, Department of Business Law, Faculty of Law
Jacques de Werra, Professor of Contract Law and of Intellectual Property Law at the Law School of the University of Geneva
Irina Savelieva, Dr.jur., Professor, Department of Civil Law of the Law Faculty of Moscow State University
Elizabeth Adeney, Associate Professor, School of Law, Deakin University
Kristin Lingren, VSA Partners, Inc.
Dr Guan Hong Tang, School of Law, Shanghai University of Finance and Economics
Gadi Oron, Solicitor (England and Wales), Advocate (Israel)
Miguel Angel Emery, Lawyer, Estudio Mille (Buenos Aires). Author and Professor of Intellectual Property, San Andres University
Joao Carols Muller, Lawyer in Rio de Janeiro, Brazil
Eduardo Ghiaroni Senna, Lawyer in Rio de Janeiro, Brazil
Alfredo Rangel-Ortiz, Noriego y Escobedo, A.C.