Research Handbook on Intellectual Property and Moral Rights / Ysolde Gendreau, editor.

Format:

Book

Contributor:

Gendreau, Ysolde, editor.

Edward Elgar Publishing, publisher.

Series:

Research handbooks in intellectual property.

Research Handbooks in Intellectual Property Series

Language:

English

Subjects (All):

Copyright--Moral rights.

Copyright.

Physical Description:

1 online resource (582 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors' perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

Acknowledgments

Epigraph: Excerpt from 'You're Not in Your Own House Here, My Dear Fellow',

Introduction: a contemporary take on moral rights in intellectual property

Part I Philosophical issues

1. In defence of honour? A case for moral rights from relational autonomy

2. The moral rights of the author - "All Quiet on the Eastern Front"? (a Polish perspective)

3. Islamic legal philosophy and moral rights

4. Against integrity: a feminist theory of moral rights, creative agency and attribution

5. Civil Codes and authors' rights

Part II Moral rights in industrial property rights

6. Inventor's moral right and morality of patents

7. Moral rights and industrial design

8. Exploring moral interests in the intellectual creations underlying trademarks

Part III Traditional moral rights divisions

9. Dualist vs. monist approaches to copyright within the European Union - an obstacle to the harmonization of moral rights?

10. Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry

Part IV Challenges to moral rights

11. The economic dimension of moral rights

12. Moral rights for corporate entities

13. Moral rights in cases involving multiple ownership

14. "Sharing is caring": Creative Commons, transformative culture, and moral rights protection

15. Artificial intelligence and moral rights

16. Exceptions and limitations to moral rights

17. Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals

18. Protection of moral rights in Greece, limitations and issues of abuse

19. Moral rights and alternative dispute resolution

20. Private international law issues of moral rights

Part V Moral rights outside Europe.

21. Moral rights and the protection of traditional knowledge

22. Moral rights in Japan - 'moral rights' of juridical persons?

23. Moral rights in China

24. A reinforced protection for the constitutional fundamental right to authors' moral rights in Latin America

25. Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era

26. Moral rights in Commonwealth countries

Part VI Authors and moral rights

27. Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa

28. Fictional stories by fictional people: Alan Smithee and moral rights

29. Thou shalt not read: as a moral right of the author?

In conclusion: What's new with moral rights?

Appendix: Commonwealth laws on moral rights - August 2022

Index.

Notes:

Description based on print version record.

Includes index.

Includes bibliographical references and index.

Other Format:

Print version: Gendreau, Ysolde Research Handbook on Intellectual Property and Moral Rights

ISBN:

1-78990-487-0