2022DOAJ (DOAJ: Directory of Open Access Journals)Open access

MORAL RIGHTS UNDER EU COPYRIGHT LAW

Ruxandra VIȘOIU

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Abstract

Moral rights have a long history of being left aside, or even ignored altogether, in comparison to their patrimonial counterparts in copyright law. The purpose of this paper is to analyze the legal framework of moral rights, both in national copyright law and international law, with an emphasis on EU regulations (or, rather, lack thereof). We will present possible reasons why EU law has avoided this subject until now, with both advantages and disadvantages of this evasive approach. We will continue with suggestions de lege ferenda which could bridge the gap between national and international regulations, with EU law in between.

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What this paper is about

Moral rights have a long history of being left aside, or even ignored altogether, in comparison to their patrimonial counterparts in copyright law. The purpose of this paper is to analyze the legal framework of moral rights, both in national copyright law and international law, with an emphasis on EU regulations (or, rather, lack thereof). We will present possible reasons why EU law has avoided this subject until now, with both advantages and disadvantages of this evasive approach. We will continue with suggestions de lege ferenda which could bridge the gap between national and international regulations, with EU law in between.

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Available abstract

Moral rights have a long history of being left aside, or even ignored altogether, in comparison to their patrimonial counterparts in copyright law. The purpose of this paper is to analyze the legal framework of moral rights, both in national copyright law and international law, with an emphasis on EU regulations (or, rather, lack thereof). We will present possible reasons why EU law has avoided this subject until now, with both advantages and disadvantages of this evasive approach. We will continue with suggestions de lege ferenda which could bridge the gap between national and international regulations, with EU law in between.

Key concepts: Moral rights, Copyright law, Political science, Law, Law and economics, Economics, Intellectual property

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