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Chapter

Samantha Besson

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.

Chapter

Samantha Besson

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.

Chapter

This chapter focuses on rights in performances, which covers all aspects of the making of a recording of a performance and its subsequent exploitation. The discussion includes subsistence of rights; term of protection; the qualification requirement; content and infringement; the nature of the performer’s rights and their transfer; and moral rights.

Chapter

This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.

Book

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Intellectual Property Concentrate is the essential study and revision guide for intellectual property law students. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. After an introduction to intellectual property and common themes, the book covers: copyright; computer programs and databases; moral rights; performers’ rights; trade secrets and confidential information; patents; designs; and passing-off and trade marks. Written by experts and covering all the key topics so you can approach your exams with confidence, the book is: clear, concise, and easy to use, helping you get the most out of your revision; full of learning features and tips to show you how best to impress your examiner; and accompanied by online resources including multiple-choice questions and interactive flashcards to test your understanding of topics. Its ‘Exam essentials’ feature prepares you for your intellectual property law exam by giving help and guidance on how to approach questions, structure answers, and avoid common pitfalls.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses principles relating to the authorship and ownership of copyright, and the significance of this designation. It examines how owners of copyright can exploit their works by either assignment or licence and the circumstances in which courts can imply terms in the absence of parties having agreed as to how a copyright work can be exploited. The chapter discusses the term of copyright protection and also examines exclusive rights, both moral and economic in nature, that authors and owners respectively have in their copyright works.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter examines the debate over the question of the appropriate period of protection that ought to be granted to copyright works, with emphasis on literary, dramatic, musical, and artistic works as well as films and entrepreneurial works (sound recordings, broadcasts, and typographical arrangements of published editions). It begins by considering the provisions of the EU Term Directive with regards to the duration of protection for such works and then discusses a number of exceptions to the general rule that the duration of copyright works is life plus 70 years. It also analyses moral rights of integrity and attribution in the UK in relation to copyright, as well as the so-called publication right in works in which copyright has lapsed. The chapter concludes with an assessment of the optimal term of copyright protection.

Chapter

This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.

Chapter

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.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by looking at a number of criticisms made about moral rights, followed by a discussion on examples of moral rights, namely: right of attribution or right of paternity, right to object to false attribution, and right of integrity. The issue of copyright infringement in relation to these rights is also considered.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by describing the nature of and rationales for grant of moral rights as well as a number of criticisms made about such rights. This is followed by a detailed consideration of the moral right of attribution or right of paternity, the right to object to false attribution, and the right of integrity. This discussion identifies when such rights arise (including the requirement of assertion of the attribution right), when the moral rights are infringed, and exceptions to such rights. The chapter also considers how far such rights can be waived.

Book

Stavroula Karapapa and Luke McDonagh

Intellectual Property Law aims to provide a comprehensive text on all aspects of this field. The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences. It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. It examines the absolute grounds for refusal and the relative grounds for refusal of registration. It looks in detail at infringement and loss of registration of trade marks, and this part of the book ends with an examination of defences to trade mark infringement. The next part is about patents. After an introduction to patents the text analyses ownership and infringement of patents. The text then moves on to confidential information, in other words, trade secrets. Designs are examined after this. The final few chapters are about the exploitation and enforcement of intellectual property. The text concludes.