Mira will be delivering the first talk in the 2011-12 Intellectual Property Colloquium at the Center for Intellectual Property Research, Maurer School of Law, on Sept. 8, 2011. She will be speaking on “Moral Rights in Film.”
A South Asian edition of Moral Rights: Principles, Practice and New Technology has now been published by Oxford University Press, India. For the South Asian book page, please click here.
D. Murali calls the book “[a]n imperative read for anyone who cares for creativity.” To read his review, entitled “Ownership in a Digital World,” click here.
“It has been two decades since the American film industry last confronted a serious demand for moral rights. These non-commercial rights protect the personal interests of creative authors, including attribution and the preservation of the integrity of one’s work. In most countries of the world, including common-law countries such as the UK and Canada which were historically suspicious of moral rights, they have now become an automatic component of the bundle of rights included within copyright law. The United States remains a notable exception to this rule. The confusion that moral rights might bring to film production is a major reason for American reluctance to accept them.
“The famous debate over film colorization in the late 1980s and early 1990s saw a bitter debate around the issue of whether the studios who owned films had the right to convert black and white films into color movies to expand their audiences. This new technology of the time was strongly opposed by a number of prominent American film directors. In an editorial in the New York Times, Woody Allen argued – presciently – that the rise of MTV suggested a strong market for black and white video among the younger generation.
“Among the most interesting aspects of the controversy was its international dimension. The United States did not recognize moral rights, but many other countries did. Accordingly, US directors were able to argue in foreign courts for the prevention of colorization, leading to the Huston case – a famous French precedent that ruled against the broadcast of colorized versions of John Huston’s films on French television. Huston, the court said, was an artist; and the law must uphold his artistic judgments. The case illustrated a strange anomaly: American film directors enjoyed better recognition abroad than they did in their own country.
“The fad of colorization has now dissipated – Ted Turner, the nemesis of the film directors at the time, now offers classic films in original versions on his own specialty network, Turner Classic Movies. Nevertheless, for new reasons, the issue of moral rights has become interesting again. A number of countries in the world have adopted moral rights for the first time – the United Kingdom, Australia, New Zealand – while others have continued to amend and adapt their laws to reflect the environment of digital technology – France, Germany, Russia, India, and Canada, where copyright reform is in progress, offer some examples. In the meantime, the United States
has yet to adopt a comprehensive scheme for the protection of moral rights, and the Dastar case of 2003 seems to have closed off existing legal options for their protection.
“This presentation will explore the question of whether moral rights in film have become
important in the digital environment. New technology allows new methods of manipulating film; it makes new images and sounds available, and it offers new methods of distribution that are likely to develop in much the way that music has, over the past decade, through downloading, streaming, and even file-sharing possibilities. At the same time, the international distribution of films makes it difficult to contain American movies within the confines of domestic law. There is every possibility that US producers will increasingly find themselves confronted by different legal expectations about moral rights in foreign jurisdictions, potentially opening them up to liability.
“How will the American film industry cope? This presentation will suggest that the best way of adjusting to the future of film might be to seize leadership in this area. What could an American moral right in films look like? Would the American public accept it, and how could it assist the United States in promoting its digital agenda abroad?”
5 à 7 de l’AJEFCB – 18 mars 2011
À l’occasion de la troisième édition du procès simulé de l’AJEFCB, le Conseil d’administration et toute l’équipe sont heureux de vous convier à leur prochain 5 à 7 qui se tiendra le vendredi 18 mars 2011 dans nos bureaux. Les 5 à 7 de l’AJEFCB sont une occasion unique et chaleureuse de réunir tous les juristes, francophones et francophiles de la province afin de favoriser rencontres et échanges de points de vue.
Pour notre première rencontre de l’année 2011, nous vous proposons de venir savourer de bonnes crêpes, accompagnées d’un verre de vin … ou de cidre ! Pour enrichir ce rendez-vous, Dr. Mira T. Sundara Rajan nous fera l’honneur de sa présence pour nous parler de son plus récent livre publié en janvier chez Oxford University Press (New York): “Les droits moraux: principes, pratique et nouvelles technologies”.
Frais de participation :
membres: $ 25
non-membres: $ 30
étudiants: $ 20
Cette présentation sera suivie d’un débat sur le rôle du Droit moral dans la réglementation du Droit d’auteur dans un contexte moderne, international et technologique. Pour plus d’informations sur son livre, n’hésitez pas à consulter le lien suivant. Notez également que des exemplaires seront disponibles sur place pour ceux et celles qui désiraient se procurer cet ouvrage.
This presentation will examine the history of Canadian copyright law reform over the past decade, and identify trends that are likely to shape Canada’s copyright legislation and practice in the decade to come. Canadian copyright law will be considered in its larger international context, with particular attention to the issue of compliance with the WIPO Internet Treaties. Current copyright reform proposals will be examined, including the pending Bill C-32, and Canada’s situation will be compared with developments in major common-law jurisdictions, including the UK, United States, and India. Areas to be examined will include digital reproduction and dissemination rights, shifting standards of originality, fair dealing and fair use, and moral rights.
This paper will appear as a chapter in the forthcoming book, S. Basheer & N. Wilkoff, eds., Overlapping Intellectual Property Rights, to be published by Oxford University Press (U.K.), in July, 2012.
The support of the Social Sciences and Humanities Research Council of Canada (SSHRC) for the creation of this website is gratefully acknowledged.