The Exercise of Moral Rights by Non-Authors

Authors

  • Aleksei Kelli University of Tartu
  • Thomas Hoffmann University of Tartu
  • Heiki Pisuke University of Tartu
  • Irene Kull University of Tartu
  • Liina Jents University of Tartu
  • Carri Ginter University of Tartu

Keywords:

intellectual property, copyright, moral rights, personal rights, exercise of moral rights

Abstract

The concept of moral rights is as old as authors’ rights (droit d’auteur) themselves. It was intended to protect the author’s honour and reputation. The rights of attribution, integrity and disclosure constitute the core of the author’s moral rights. During the 20th century, moral rights became a universal category of copyright law.

The problem is that the society and copyright system itself are not static. Copyright protection is not limited to artistic expression any more. It is extended to numerous objects including software and databases, as well as to certain type of investment. Several objects are created collectively and their utilization is enhanced by information communications technology. This raises the question whether it is time to adjust moral rights to the changed societal situation.

The authors analyse copyright laws of different countries and define good practices, which are compatible with the needs of contemporary society. The results of comparative analyses can be used for international, regional (EU) and national unification in this field.

Author Biographies

  • Aleksei Kelli, University of Tartu

    PhD
    Faculty of Law, University of Tartu
    Associate Professor of Intellectual Property Law

  • Thomas Hoffmann, University of Tartu

    PhD
    Faculty of Law, University of Tartu
    Associate Professor

  • Heiki Pisuke, University of Tartu

    PhD
    Faculty of Law, University of Tartu
    Professor of Intellectual Property Law

  • Irene Kull, University of Tartu

    Dr. iur.
    Faculty of Law, University of Tartu
    Professor of Civil Law

  • Liina Jents, University of Tartu

    LL.M.
    Faculty of Law, University of Tartu
    PhD Candidate

  • Carri Ginter, University of Tartu

    PhD
    Faculty of Law, University of Tartu
    Associate Professor of EU Law

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Published

2014-06-06

How to Cite

Kelli, A., Hoffmann, T., Pisuke, H., Kull, I., Jents, L., & Ginter, C. (2014). The Exercise of Moral Rights by Non-Authors. Journal of the University of Latvia. Law, 6, 108-125. https://journal.lu.lv/jull/article/view/213