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The Inadequacy of UK Moral Rights Protection: A Comparative Study on the Waivability of Rights and Recontextualisation of Works in Copyright and Droit D’auteurs Systems

Brown-Pedersen, Jonas (2018) The Inadequacy of UK Moral Rights Protection: A Comparative Study on the Waivability of Rights and Recontextualisation of Works in Copyright and Droit D’auteurs Systems. LSE Law Review, 3. pp. 115-128. ISSN 2516-4058

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Identification Number: 10.21953/lse.ir8b0i90x2l6

Abstract

The paper examines two aspects of UK moral rights protection, namely the waiver of rights provided for under section 87(2) of the Copyright, Designs and Patents Act 1988 (‘CDPA’) and the protection of copyright works from recontextualisation, in a comparative study. The jurisdictions compared are the UK, Canada, and the Nordic Countries. The paper argues that UK protection of authors’ moral rights are insufficient, chiefly due to the operation of section 87(2) CDPA and the lack of protection against recontextualisation (‘the spirit of the Convention’). The purpose of comparison is to furnish alternative solutions existing under the same international framework as the CDPA. In concluding, the paper finds that comparing the copyright law system of the UK to the Canadian hybrid system and the Nordic droit d’auteurs systems reveals a scale from least to most substantial protection of moral rights, with a greater emphasis on protection of the spirit of the work in droit d’auteurs jurisdictions, as illustrated by Swedish case law.

Item Type: Article
Official URL: https://www.lselawreview.com/
Additional Information: © 2018 The Authors
Divisions: LSE
Subjects: K Law > K Law (General)
Sets: Collections > LSE Law Review
Date Deposited: 29 May 2018 11:33
Last Modified: 23 Oct 2019 23:03
URI: http://eprints.lse.ac.uk/id/eprint/88098

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