Table of Contents

Research Handbook on the Future of EU Copyright

Research Handbook on the Future of EU Copyright

Research Handbooks in Intellectual Property series

Edited by Estelle Derclaye

It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.

Chapter 11: The Moral Right of Integrity

Jacques de Werra

Subjects: law - academic, intellectual property law


10 Moral rights1 Willem Grosheide 1. The advent of modern copyright law 1.1 Author’s rights tradition and copyright tradition As is well known, today’s world is divided into two traditions with regard to the legal protection of cultural information: the civil law or continental tradition and the common law or copyright tradition.2 Both traditions developed in the respective national laws of Western Europe over the course of time, following the introduction of the printing process in the 15th century and as a See for a general overview S. Strömholm, Le droit moral de l’auteur I, II, III (Norstedt & Söners, Stockholm, 1966–73); Elizabeth Adeney, The Moral Rights of Authors and Performers (Oxford University Press, Oxford, 2006). No separate attention will be given in this chapter to performers’ rights. 2 As a matter of terminology, in this chapter the term copyright law is generally used as the generic indicator of both traditions. Copyright law, for that matter, is viewed here as a particular variant on the legal regulation of human communication originating within the framework of Western European culture, serving primarily to safeguard the exploitation of cultural information upon its dissemination. Copyright (law) is also the overarching term unifying economic rights and moral rights. Comp. E.W. Ploman and Clark Hamilton, Copyright – Intellectual Property in the Information Age (Routledge & Kegan Paul, London, Boston and Henley, 1980); F.W. Grosheide, Auteursrecht op maat (Kluwer, Deventer, 1986) with an English summary; idem, ‘Paradigms in Copyright Law’, in Brad Sherman and Alain Strowel, Of...

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