Over the next 6 weeks, I will be publishing 6 posts on moral rights at the invitation of Jeremy Phillips of the IPKat, on his 1709 Blog. The first post will deal with the use of music from the classic 1958 film “Vertigo,” directed by Alfred Hitchcock, in this year’s Oscar-winning film, “The Artist,” directed by Michel Hazanavicius. Please check them out by clicking here.
My new book on moral rights from a practice perspective will be published by Oxford University Press (New York). Moral Rights: A Guide to Global Practice is to be a 600-page companion volume to my previous book, Moral Rights: Principles, Practice, and New Technology (OUP 2011), and will examine current legislative frameworks for moral rights at the national and international levels; the specific moral rights protected; who has standing to make a claim (individuals, groups, corporations, or other legal persons); the availability of alternate legal doctrines and frameworks for the protection of moral rights; the presence of formalities, such as the requirement that moral rights be asserted in writing; the rules on copyright contracts, including the possibility of assigning or waiving moral rights; the implications of special regimes for moral rights in certain fields, such as computer software; online moral rights and digital moral rights in music, film, and traditional cultural expressions (TCE’s); evidentiary requirements; the availability and nature of remedies, including both damages, injunctive relief, and specific performance; membership in international agreements and issues of reciprocity; and proposals for law reform and their impact, or potential impact, on moral rights claims. Countries to be included in the work are the United States, Canada, Brazil, the UK, Australia, New Zealand, India, France, Spain, Germany, Austria, Italy, Hungary, Russia, India, and Japan.
Published in the Spring of 2011, this new book offers a detailed look at the non-commercial aspect of copyright law, widely known as the doctrine of authors’ moral rights. A new edition is pending, with updates on Google Books, Creative Commons, new moral rights cases from the UK, Australia, and India, analysis of state-level approaches to moral rights in the United States, and new chapters on e-books and video games. Read more
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