MORAL RIGHTS SHEDDING LIGHT on the PERSONAL ELEMENT of COPYRIGHT NEW from the COPINGER AUTHOR TEAM Gillian Davies and Kevin Garnett QC
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MORAL RIGHTS SHEDDING LIGHT ON THE PERSONAL ELEMENT OF COPYRIGHT NEW FROM THE COPINGER AUTHOR TEAM Gillian Davies and Kevin Garnett QC • Provides a much needed explanation of the origins and international development of these fascinating rights which in the UK have for long stood in the shadow of their sibling, the ‘economic’ copyright • Presents a complete examination of moral rights in the UK, how the law can be used to protect them and what the pitfalls are • Gives you an international understanding with detailed analysis of the laws in 18 key jurisdictions and a table summarising moral rights in 162 countries 20% DISCOUNT SWEET & MAXWELL MORAL RIGHTS SHEDDING LIGHT ON THE PERSONAL ELEMENT OF COPYRIGHT GILLIAN DAVIES AND KEVIN GARNETT QC The presence of moral rights in UK law means that even if your client has given away their copyright, it doesn’t mean they have completely relinquished their integrity. Used intelligently, moral rights can protect your clients’ reputation from being damaged by wrongful use of their works, long after they’ve handed over their economic rights. PRESENTS A COMPLETE ANALYSIS YOUR COMPLETE REFERENCE ON MORAL OF THIS UNTAPPED AREA RIGHTS AND THE LAW Members of the renowned Copinger author team • Examines moral rights law in the UK along with a distinguished panel of contributors in detail and contrasts it to key EU and tackle the area of moral rights in this insightful international jurisdictions and practical new book. It examines the complete international history of moral rights, • Considers the UK paternity and integrity taking you through its initial conception in France rights, the right against false attribution and and Germany. It then discusses the subsequent the so-called “right to privacy” take up in further jurisdictions, the Berne • Offers a practical and comparative approach Convention and how these concepts have been to an area about which little has been written implemented in the UK. • Discusses the historical treatment of moral rights DISCUSSES UK LAW IN PARTICULAR DETAIL • Looks at how moral rights have developed internationally, and examines their treatment It provides a detailed examination of moral rights in international and regional conventions in the UK, covering especially the four statutory and treaties moral rights of authors and performers. It offers a practical examination of the many hidden • Compares moral rights in more established traps, using numerous examples including the civil law jurisdictions with those in less key cases Confetti Records Ltd v Warner Music UK developed common law jurisdictions Ltd, Sawkins v Hyperion Records Ltd, Pasterfield • Examines moral rights in 19 of the key v Denham and Clark v Associated Newspapers European and international jurisdictions, Ltd. It also makes reference to laws and practice with each jurisdiction being covered by in other countries, enabling you to easily make a local copyright expert comparisons. Also considered are other areas of • Covers each jurisdiction systematically law which also cover moral rights, such as passing and comprehensively off, defamation and contract law. • Discusses the significant case law from PROVIDES YOU WITH AN INTERNATIONAL civil law jurisdictions UNDERSTANDING • Presents discussion of the potential Moral Rights considers the law in countries consequences if moral rights outside the UK, to the vast differences in how were harmonised under EU law countries have incorporated moral rights into • Reproduces the important conventions, statutes their legislative framework. Nineteen of the and regulations for easy cross-referencing key jurisdictions are examined, each by a local expert, giving you an insider’s perspective of the legal framework. Each of these experts discuss how moral rights are protected by the law in their jurisdiction, examining the history, legislation, cases, remedies and penalties for infringement. REUTERS/Jose Manuel Ribeiro Manuel Ribeiro REUTERS/Jose MORAL RIGHTS SHEDDING LIGHT ON THE PERSONAL ELEMENT OF COPYRIGHT GILLIAN DAVIES AND KEVIN GARNETT QC CONTENTS PART I: THE NATURE AND ORIGINS The concept of authorship in relation PART III: TREATMENT OF MORAL RIGHTS OF MORAL RIGHTS to a copyright work IN OTHER JURISDICTIONS Introduction • The concept of a performer EUROPE Origins of the theory of moral rights • What is a performance? • Belgium • Who is the performer? The international development of moral • France • Qualifying performances rights in civil law countries • Germany The paternity right • Greece • The monistic theory of copyright • The right to be identified as author or director • Italy • The dualist theory of copyright • The right to be identified as performer • The Netherlands The international development of moral The integrity right • The Nordic Countries - Denmark, Finland, rights in common law countries Norway and Sweden • The right of an author or director to object Moral rights in international instruments to derogatory treatment • Portugal • The Berne Convention • The performers’ right to object to derogatory • Russian Federation • The WIPO Copyright Treaty 1996 treatment • Spain • The WIPO Performances and Phonograms False attribution of authorship • Switzerland Treaty 1996 Right to privacy in respect of photographs OTHER COUNTRIES/REGIONS • The TRIPs Agreement 1994 and films • Australia Moral rights in regional conventions • Canada Duration of moral rights • Council of Europe Treaties • China (and Hong Kong) • EC policy on moral rights Transmission of moral rights • Israel Remedies for infringement of moral rights • Japan PART II: MORAL RIGHTS Transitional provisions • Latin America (Argentina, Brazil, Mexico) IN THE UNITED KINGDOM • United States of America Protection of moral rights by other causes Introduction • Rest of World (tabled) of action • The four rights protected as moral rights by • Contract PART IV: GENERAL CONSIDERATIONS statute • Passing off • Territoriality, jurisdiction and applicable law • The requirement of a copyright work • Defamation • The requirement of a qualifying performance issues in international moral rights disputes • Protection by other causes of action • Moral Rights in 2010: An assessment Appendices The concept of a copyright work • Classification of protected works Bibliography • The requirement of fixation • The requirement of originality • Qualifying conditions • Foreign works • Works denied protection PLACE YOUR ORDER VISIT www.sweetandmaxwell.co.uk TODAY EMAIL [email protected] CALL 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0630301 A EXPERT AUTHORS Gillian Davies is a barrister at Hogarth Chambers China (Guan Hong Tang), Israel (Gadi Oron), and was formerly chairman of a Technical Board Japan (Kristin Lingren), France (Maria Mercedes of Appeals and member of the Enlarged Board Frabboni), Germany (Adolf Dietz), Greece (Irini at the European Patent Office. She is a specialist Stamatoudi), Italy (Maria Mercedes Frabboni), in international intellectual property law with Latin America (Miguel Angel Emery, João a particular emphasis on the international Carlos Muller, Alfredo Rangel), The Netherlands conventions governing patent law and (Willem Grosheide), The Nordic Countries (Johan copyright. She is co-author of Copinger & Axhamn), Portugal (Patricia Akester), Russia Skone James on Copyright. (Irina Savelieva), Spain (Carmenchu Buganza), Switzerland (Jacques de Werra) and the United Kevin Garnett QC is the former head of Hogarth States of America (Kristin Lingren). Chambers and has been a Legal Member of the Boards of Appeal of the European Patent Office since 2005. He is co-author of Copinger & Skone James on Copyright. TEAM OF CONTRIBUTORS The authors have also assembled a first-rank team of contributors who have produced a highly detailed and informative analysis of moral rights laws in the following jurisdictions: Australia (Elizabeth Adeney) Belgium (Paul Torremans and Joris Deene), Canada (Kristin Lingren), 20% DISCOUNT August 2010 £165 / €231 £132/€185* *Save 20% off the original price, offer valid till the 31st March 2011. YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resaleable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only. To order, call 0845 600 9355 or complete and return the order form. Complete in BLOCK CAPITALS and BLACK INK HOW TO PLACE YOUR ORDER Please quote Order Source No. (below) ONLINE :www.sweetandmaxwell.co.uk PHONE :0845 600 9355 (UK) +44 (0)1264 388560 (International) POST: Orders, Sweet & Maxwell, EMAIL: [email protected] FAX: +44 (0)20 7393 8051 FREEPOST, PO Box 2000 Andover SP10 9AH, UK REUTERS/Jose Manuel PAYMENT OPTIONS Using my Account No.: PO No.: Please charge my credit card: American Express Visa Mastercard Switch/Maestro Card No.: | | | | | | | | | | | | | | | | | | | | Start Date: D | D | M | M | Y | Y | Expiry Date: | D | D | M | M | Y | Y (Switch/Maestro only): Issue No. | | | | Card Billing Address: (if different from opposite) Postcode: Country: I enclose a cheque payable to Sweet & Maxwell PERSONAL / ORGANISATIONAL DETAILS All goods are subject to our 30 day Satisfaction Guarantee (applicable to EU customers only). All orders are accepted subject to the Name: terms