Chapter 20: Authors moral rights in the Berne Convention
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Authors’ moral rights at the international level represent a major copyright innovation of the 20th century. At the 1928 Rome Revision Conference of the Berne Convention Article 6 bis was introduced, which protects the moral (or ‘personal’) component of copyright. This chapter proposes a renewed analysis of Article 6 bis’ history, rationale, and scope - including why other relevant moral interests of authors, besides paternity and integrity of the work, were not acknowledged in Rome, nor in the following Convention’s revisions. This chapter concludes with a proposal of modification for a future revision of the Convention, as concerns the acknowledgement of such ‘other’ moral interests, as well as the recognition - and its limits and conditions vis-à vis the concrete circumstances of the case - of a general bona fide ‘duty of valorization’ of the work on the part of the publisher.

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