The Trouble with Moral Rights
Bibliographic Data
| ID | 9197500 |
|---|---|
| Authors | Patrick Masiyakurima (0000-0002-6562-6384, University of Aberdeen, corresponding author) |
| Year | 2005 |
| Volume | 68 |
| Issue | 3 |
| Pages | 411-434 |
| Publication date | 2005-05-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2005.00544.x |
| OpenAlex | W2165922491 |
| Language | EN |
| Citations received | 2 |
| References cited | 11 |
It is usually argued that moral rights are severely handicapped by their inconsistent entrenchment in common law and civilian legal systems. This article argues that the main trouble with moral rights protection is that the justifications for the existence of these rights are riddled with internal inconsistencies generated by the vagaries of copyright exploitation. Harmonising moral rights protection or using moral rights justifications cumulatively may not resolve the theoretical inconsistencies. Copyright protection must therefore be seriously overhauled if moral rights are to be widely perceived as vehicles for protecting authors' rights
Business · Fundamental rights · Human rights · Intellectual property · Law and economics · Moral rights · Political science · Reservation of rights · Right to property · Sociology · Copyright and Intellectual Property · Law · Legal Education and Practice Innovations · Legal Systems and Judicial Processes
| Citations per year | 0.12 |
|---|---|
| Citation span | 2009 - 2021 (13) |
| Highly cited | No |