Chapter 4 Key debates

Moral rights

Topic

Has the UK implemented the provisions of Art 6 bis effectively, and if not should they be strengthened?

Author

Gerald Dworkin

Standpoint

Acknowledges the difficulties in bringing authors’ rights concepts into the common law legal tradition and argues that Art 6 bis does not sufficiently recognize the need to balance the rights of authors and exploiters of works.

Source

‘The Moral Right of the Author: Moral Rights and the Common Law Countries’ (1994–1995) 19 VLA J L & Arts 229–268

Author

Irini Stamatoudi

Standpoint

Argues in favour of providing stronger protection for authors in the area of moral rights so that the non-economic rights of authors are fully recognized.

Source

‘Moral Rights of Authors in England: The Missing Emphasis on the Role of Creators’ [1997] 4 IPQ 447–513

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