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Moral Rights

Moral Rights
2nd Edition
Practice Area:  Intellectual Property
ISBN:  9780414055575
Published by:  Sweet & Maxwell
Publication Date:  21 Nov 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Moral Rights is an essential reference on an increasingly important subject. This book clearly and comprehensively looks at the impact and protection of these rights in the UK as well as providing a comparative analysis of moral rights in key jurisdictions across the world. It is the definitive resource on moral rights on the national and international stage

The 2nd Edition includes:

  • Comprehensive commentary on the development and impact of moral rights in the United Kingdom, clarifying exactly how the law protects them.
  • Provides international comparative analysis of the origins, principles, and law governing moral rights.
  • Analyses the legal position in over 20 key jurisdictions with an additional table summarising moral rights in more than 160 countries.
  • Discusses the history and theory of moral rights and their development in both common law and civil law jurisdictions.
  • Full examination of moral rights in the United Kingdom, analysing the four distinct rights conferred by the Copyright, Designs and Patents Act 1988 as well as those rights that are not protected.
  • Systematic commentary on the treatment of moral rights in key jurisdictions across the world, including France, Russia, China, Israel, Latin America, and the USA.
  • Each jurisdiction analysed under the same headings to allow for simple and clear comparisons.
  • Addresses key questions of assignment and duration, infringement, remedies, penalties, and the waiving of rights.
  • Incorporates relevant sections of the Copyright, Designs and Patents Act 1988 for ease of reference.
  • Assesses the position and role of moral rights in the modern day.
  • Provides the reader with a valuable resource on a subject that is often in the shadow of economic rights.

New to this Edition

  • Fully updated analysis to reflect the latest and most significant changes in moral rights law across the world.
  • Expanded international coverage with the inclusion of six new jurisdictions, all examined in detail:
    • Czech Republic
    • Egypt
    • Hungary
    • India
    • Slovakia

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Part I The nature and origins of moral rights

  • Introduction
  • Origins of the theory of moral rights
  • The international development of moral rights
  • Moral rights in international instruments
  • Moral rights in the European Union

Part II Moral rights under United Kingdom law

  • Belgium
  • Czech Republic & Slovakia – new
  • France
  • Germany
  • Greece
  • Hungary
  • Italy
  • The Netherlands
  • Nordic Countries
  • Portugal
  • Spain
  • Switzerland
  • Russian Federation
  • Australia
  • Canada
  • China
  • Egypt
  • India
  • Israel
  • Japan
  • Latin America
  • United States of America
  • Table of National Laws on Moral Rights
  • Territoriality, Jurisdiction and Applicable Law…
  • An Assessment

Part IV General considerations

  • Territoriality, jurisdiction and applicable law issues in international moral rights disputes
  • Moral rights in 2010: an assessment

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