Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.

Chapter 17: Moral rights

Jørgen Blomqvist

Subjects: law - academic, intellectual property law


The protection of moral rights for literary and artistic works was introduced in the Berne Convention at the 1928 Rome revision conference. Already then, national law contained a rather broad spectrum of different moral rights, including the right to control the first making available to the public of the work (the right of divulgation); the right to withdraw the work from the public sphere if the author had changed his or her conviction (the right to repent); the right to claim ownership (the right of paternity); and the right to resist inappropriate modifications of or use of the work (the right of respect). Only the two latter rights, however, were included in the Convention. The right of divulgation was not included indirectly either, as it can be seen in some national legislation where limitations and exceptions apply only to works that are either published or made available to the public with the consent of the author. Such requirements are occasionally, but not generally, included in the provisions of the Convention such as, for example, the non-voluntary license for mechanical reproduction of musical works and their possible lyrics in Article 13, which applies only to works recorded with the consent of their authors. According to the moral rights provision in Article 6bis(1) of the Berne Convention, the protection of moral rights applies '[i]ndependently of the author's economic rights and even after the transfer of the said rights'.

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