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Please improve this article or discuss the issue on the talk page. | Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. While the United States became a signatory to the convention in 1988, it still does not completely recognize moral rights as part of copyright law, but rather as part of other bodies of law, such as defamation or unfair competition. Those jurisdictions that include moral rights in their copyright statutes are called droit d'auteur states, which literally means "right of the author". Image File history File links Gnome-globe. ...
Image File history File links This is a lossless scalable vector image. ...
For the 2006 film, see Intellectual Property (film). ...
Not to be confused with copywriting. ...
For other uses, see Patent (disambiguation). ...
“(TM)†redirects here. ...
Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ...
A utility model is an intellectual property right to protect inventions. ...
A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ...
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ...
Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ...
A trade name, also known as a trading name or a business name, is the legal name of a business, or the name which a business trades under for commercial purposes. ...
The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ...
Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ...
Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1996. ...
A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ...
Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ...
In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ...
Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ...
For the direction right, see left and right or starboard. ...
Not to be confused with copywriting. ...
For other uses of civil law, see civil law. ...
The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...
The copyright symbol is used to give notice that a work is covered by copyright. ...
The droit dauteur (or French copyright law) developed in the eighteenth century at the same time as copyright developed in the United Kingdom. ...
Moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving the integrity of the work bars the work from alteration, distortion or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned his or her rights to a work to a third party he or she still maintains the moral rights to the work. Some jurisdictions allow for the waiver of moral rights. In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only applies to works of visual art. In copyright law, attribution is the requirement to acknowledge or credit the author of a work which is used or appears in another work. ...
This article does not cite any references or sources. ...
A pseudonym (Greek: , pseudo + -onym: false name) is an artificial, fictitious name, also known as an alias, used by an individual as an alternative to a persons legal name. ...
See Franklin Roosevelts Second Bill of Rights. ...
A waiver is the voluntary relinquishment or surrender of some known right or privilege. ...
The Visual Artists Rights Act of 1990 (VARA) is a United States law protecting artist rights. ...
Many times, the term art is used to refer to the visual arts. ...
Berne Convention
Article 6bis of the Berne Convention protects attribution and integrity, stating: Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation. Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
In most of Europe it is not possible for authors to assign their moral rights (unlike the copyright itself, which is regarded as an item of property which can be sold, licensed, lent, mortgaged or given like any other property). They can agree not to enforce them (and such terms are very common in contracts in Europe). There may also be a requirement for the author to 'assert' these moral rights before they can be enforced. In many books, for example, this is done on a page near the beginning, in and amongst the British Library/Library of Congress data.
Some European countries also provide for artist resale rights, which mean that artists are entitled to a portion of the appreciation of the value of their work each time it is sold. These rights are granted in respect of a non Anglo-Saxon tradition -- the droits d'auteur concept rather than copyright. Droits d'auteur, and most legislation implementing it, also grants all creators various moral rights beyond the economic rights recognized in most copyright jurisdictions (see also parallel import). It has been suggested that grey market be merged into this article or section. ...
Moral rights in the United States The Monty Python comedy troupe famously managed to rely on moral rights in 1975 in legal proceedings against American TV network ABC for airing re-edited versions of Monty Python's Flying Circus. Monty Python, or The Pythons, is the collective name of the creators of Monty Pythons Flying Circus, a British television comedy sketch show that first aired on the BBC on 5 October 1969. ...
It has been suggested that civil trial be merged into this article or section. ...
The American Broadcasting Company (ABC) operates television and radio networks in the United States and is also shown on basic cable in Canada. ...
This article is about the television series. ...
The exclusive rights tradition in the United States is inconsistent with the notion of moral rights as it was constituted in the Civil Code tradition stemming from post-Revolutionary France. Exclusive rights are statutory, defined and shaped by Congress, but are required by a constitutional clause. The first major copyright case in the United States, Wheaton v. Peters, established that copyright was neither a natural right nor a common law right. When the United States signed the Berne Convention, they stipulated that the Convention's "moral rights" provisions were addressed sufficiently by other statutes, such as laws covering slander and libel. Wheaton v. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...
“Libel†redirects here. ...
Visual Artists Rights Act The Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only as they apply to works of visual art. The VARA is part of Title 17, the U.S. Copyright Code. The Visual Artists Rights Act of 1990 (VARA) is a United States law protecting artist rights. ...
VARA gives qualifying authors the following rights:
- right to claim authorship
- right to prevent the use of one's name on any work the author did not create
- right to prevent use of one's name on any work that has been distorted, mutilated, or modified in a way that would be prejudicial to the author's honor or reputation
- right to prevent distortion, mutilation, or modification that would prejudice the author's honor or reputation
- right to prevent the destruction of a work of art if it is of "recognized stature"
Adaptation right Copyright holders have the right to control adaptations, or the preparation of "derivative works." This right is given under copyright law. See 17 U.S.C. ยง 106. In copyright law, a derivative work is an artistic creation that includes aspects of work previously created and copyright protected. ...
Lanham Act Section 43 of the Lanham Act governs false and misleading advertising, and can apply in some instances to attribution of protected works. The Lanham (Trademark) Act (title 15, chapter 22 of the United States Code) is a piece of legislation that contains the federal statutes of trademark law in the United States. ...
However, it cannot be used to create a moral rights for works outside of the Act. See Dastar v. Twentieth Century Fox. Dastar Corp. ...
Courtesy of non-attribution Authors may choose to use a pseudonym to disclaim authorship of a particular work. One such pseudonym was Alan Smithee, a name used by discontented Hollywood film directors who no longer want to be credited between 1968 and 1999. In case the work is unfinished, the use of a pseudonym may be considered an approval from the original author so the copyright owner could do whatever it takes to finish and market the unwanted work. Image File history File links Broom_icon. ...
Alan Smithee, Allen Smithee, Alan Smythee, and Adam Smithee are pseudonyms used between 1968 and 1999 by Hollywood film directors who wanted to be dissociated from a film for which they no longer wanted credit. ...
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The film director, on the right, gives last minute direction to the cast and crew, whilst filming a costume drama on location in London. ...
An unfinished portrait miniature of Oliver Cromwell by Samuel Cooper. ...
The director of Highlander II, Russell Mulcahy, wanted his name removed after the completion bond company took over film production, but he was contractually obliged not to impugn the film and he was told that using a pseudonym would impugn it.[citation needed] Russell Mulcahy (born June 23, 1953 born in Melbourne, Victoria) is an Australian film director. ...
Articles on Moral Rights Cyrill P. Rigamonti, Deconstructing Moral Rights, 47 Harv. Int'l L.J. 353 (2006) [see http://www.harvardilj.org/print/58?sn=0] |
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