The moral rights of the author : a comparative analysis

Abstract

Moral rights are a branch of copyright law, which find their origin in the French Droit Moral. They are separate from the economic rights granted by copyright. Unlike, the economic rights, moral rights are personal and cannot be transferred. The historical background of moral rights reveals that the approach in civil and common law countries varies considerably. The two main moral rights, the right of integrity and the right of paternity were enshrined, on an international level, in the Berne Convention of 1957. All this will be discussed in the introduction. The first chapter of the dissertation gives a brief overview of the approach to moral rights in civil and common law countries, with France, the UK and the USA at the forefront of the analysis. Moral rights are also found in the Maltese Copyright Act, Chapter 415 of the Laws of Malta. The situation in Malta will be compared and contrasted with the other foreign jurisdictions. Although in Malta, there are only the two main moral rights, the moral rights doctrine goes beyond. In fact in France there are two additional moral rights; the moral rights of divulgation and withdrawal. Finally, in this chapter I will mention the position of moral rights in copyright international instruments and within the ambit of the EU. In the second and third chapters I will tackle the integrity right and the paternity right respectively, comparing and contrasting the way in which they are implemented in France, USA and UK, and finally Malta. It is interesting to note that moral rights protection in France, is by far wider than that offered in the USA and the UK. Most of the provisions for moral rights protection in the latter countries are largely ineffective. In Malta, one could say that the law strikes a balance between the two extremes. Finally, in the conclusion, I shall discuss how the doctrine of moral rights should be enforced and adapted in view of the unprecedented changes occasioned by the advent of information technology. This will be followed by concluding remarks.