Moral rights for corporate entities - Université Jean Moulin Lyon 3
Chapitre D'ouvrage Année : 2023

Moral rights for corporate entities

Pascal Kamina

Résumé

The mere concept of granting moral rights to corporate entities would be rejected by most lawyers of author’s right or copyright tradition. In author’s rights jurisdictions, legal authors and courts have been either strongly opposed, or very reluctant, to recognize some sort of vesting or transfer of moral rights to legal persons. And historically, claims by copyright owners to that effect have been anecdotal. However, the digital revolution has raised legitimate concerns among copyright owners over certain forms of uses of their works, such as the tempering with ownership identification, modifications of technical characteristic of works and new, invasive, advertising techniques. This may well pave the way for new claims in the field of copyright, aimed at protecting copyright owners, in the form of moral rights or of pseudo moral rights. This chapter suggests that an extension to legal person (copyright owners) of the current protection granted to individual authors is both unnecessary and would create insuperable technical and practical difficulties. It also points out that these issues have been legislatively addressed through the protection against removal or alteration of digital rights-management information. However, it is submitted that remaining issues, in relation to advertising techniques and technical modification of signals, could justify an evolution of the legislation of point, in the form of specific, additional protections for copyright owners.

Domaines

Droit
Fichier non déposé

Dates et versions

hal-04460093 , version 1 (15-02-2024)

Identifiants

Citer

Pascal Kamina. Moral rights for corporate entities. Research Handbook on Intellectual Property and Moral Rights, Edward Elgar Publishing, pp.197-209, 2023, 9781789904864. ⟨10.4337/9781789904871.00023⟩. ⟨hal-04460093⟩
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