Publications by Mira T. Sundara Rajan

Mira writes regularly for newspapers, magazines, and blogs, as well as traditional law journal publications, and has published in The Atlantic, The Globe & Mail, and The Hindu, among others. 

She is the author of 2 academic books, Moral Rights: Principles, Practice and New Technology (Oxford University Press, New York 2011) and Copyright and Creative Freedom: A Study of Post-Socialist Law Reform (Routledge, UK 2006).

Her current academic projects include Editorships of 2 collections of articles,to be published by Cambridge University Press – the first, an exceptionally exciting and original volume which will explore untrodden ground on Intellectual Property & Moral Rights, and the second, reflecting a more specialized research interest that Mira has developed for many years, Intellectual Property Law & Policy in Central & Eastern Europe.

Mira’s scholarly articles appear regularly in peer-reviewed journals, law reviews, and books in the United States, Canada, the UK, Europe, and India. They have been translated into French, Italian, Serbian, Japanese, and Tamil.

Mira’s research has enjoyed invaluable support from the Social Sciences and Humanities Research Council of Canada (SSHRC), and from the Economic and Social Research Council (UK).

A selection of Mira’s research articles may be found on SSRN:

Moral Rights:
Principles, Practice and New Technology

(Oxford University Press, New York 2011; 547 pages)

The doctrine of moral rights is based on the idea that authors possess a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before. The international expansion of moral rights is occurring in the unprecedented context of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is imperative. This book is the first work to address the past, present, and future of moral rights, looking at the doctrine comprehensively in terms of the role and the challenges of moral rights in a digital world. The problem is approached from both practical and theoretical perspectives, and examples are drawn from the legislation and practice of key jurisdictions around the world.

The book concludes with a consideration of how the concept of moral rights can contribute to the re-conceptualization of copyright law in the digital context. Individual chapters look at the cultural concepts behind moral rights, the historical development of the doctrine, and details of its implementation in different jurisdictions; and they explore moral rights implications in the copyright protection of software, the modern music industry, film production and distribution, the development of virtual museums, and open-access alternatives to copyright protection. The book includes a Foreword by Hector MacQueen, and blurbs from Jeremy Phillips and Bill Patry, who calls it “an essential work” that will be “everyone’s go-to resource. It is dedicated to Professor Colin Tapper of Magdalen College, Oxford University.

Copyright and Creative Freedom:
A Study of Post-Socialist Law Reform

(Routledge, UK 2006, 350 pages)

This accessible book delivers in two key areas: first, it offers a new way of thinking about copyright reform in countries which are engaged in the modernization of their copyright laws; and second, it advocates for a new international approach to copyright regulation in the era of globalization. The book draws specific attention to the policy issues which should be taken into account in copyright reform — the encouragement of creativity, innovation, and entrepreneurship, the social role of intellectual property rights, the protection of cultural heritage and minority rights, and the close relationship between recognition of authors’ rights and the protection of fundamental human rights and freedoms. While these concerns are obvious in the post-authoritarian context, they are also ofgeneral importance to intellectual property law everywhere, and deserve greater attention in advanced jurisdictions.

This highly readable book will interest researchers and lawyers dealing with copyright and intellectual property law reform, as well as those involved in the study of Central and Eastern European countries, and socialist and post-socialist systems of government.