First, note that the Art 6bis rights are the right to be attributed as author and the right to object to derogatory treatment, so the discussion should be restricted to those rights as implemented in the CDPA, ss 77–83 and 86–89.

The essay should describe the scope of the rights, and focus particularly on what the rights do not cover: the exceptions (eg employees’ works, works prepared for encyclopaedias, and so on). The restrictive definition of a ‘treatment’ and the requirement for the right of paternity to be asserted are also important restrictions.

The last two points appear clearly incompatible with the wording of the Berne Convention. The other exceptions are arguably needed, since Art 6bis provides only a broad description of the right and some detailed application is needed. Clearly, it would be impractical to name the composer and lyricist every time a song is played on the radio, so the ‘disc jockey exception’ can be regarded as a practical necessity. But other exceptions have a less clear need. It should be pointed out that Berne has no built-in enforcement mechanism, so if the law is to change it will require legislation in many areas, and Parliament will have to be persuaded of the need for it.

The ease with which the rights can be waived is often criticized and contrasted with other jurisdictions, where only specific waivers are enforceable, not general waivers. Whilst it may appear practical, it allows vulnerable authors to be put under pressure to waive their rights. In relation to the right to object to derogatory treatment, the approach of the courts in requiring both objective and subjective damage to a reputation that must be proved is a restrictive way of looking at the issue. This can also be contrasted with the approach in many other jurisdictions that have had moral rights for a long time, where the views of the author are given more weight.

There is a wealth of academic writing on the topic, with supporters for the civil law approach and moral rights sceptics, as illustrated by Stamatoudi and Dworkin. The underlying issue is the value we give to authors’ rights as compared to the freedom of economic exploitation of works. The social values assigned to these things may well vary between countries. Viewed in this context, the approach of the EU to moral rights (not to try to harmonize them apart from in the case of performers, via the EU's adoption of the WIPO Performances and Phonograms Treaty) is practical.