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Moral Rights of Authors and Copyright Holders.

Lecture



Copyright in a work of science, literature or art arises by virtue of the fact of its creation. Neither registration of the work nor compliance with any formalities is required for copyright to arise and to be exercised. The © (copyright) symbol placed on each copy of a work is used merely to give notice of the author's rights in that work. Its absence does not mean the absence of copyright protection.

The author enjoys the following moral rights in respect of his work:

  • the right to be recognised as the author of the work (the right of authorship);

  • the right to use or to authorise the use of the work under the author's real name, under a pseudonym or without any indication of a name, i.e. anonymously (the right to a name);

  • the right to disclose or to authorise the disclosure of the work to the public in any form (the right of disclosure), including the right of withdrawal;

  • the right to the protection of the work, including its title, against any distortion or other encroachment capable of damaging the author's honour and dignity (the right to protection of the author's reputation).

The author has the right to renounce a decision previously taken to disclose the work to the public (the right of withdrawal), provided that he compensates the user for the losses caused by such a decision, including lost profits. If the work has already been disclosed to the public, the author is obliged to give public notice of its withdrawal. In doing so, he is entitled to withdraw from circulation, at his own expense, copies of the work previously produced. The provisions of this paragraph do not apply to the creation of works made in the course of employment.

Moral rights belong to the author irrespective of his economic rights and are retained by him in the event of the assignment of the exclusive rights to use the work. The right of authorship, the right to a name and the right to protection of the author's reputation are protected in perpetuity

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Lectures and tutorial on "Copyright"

Terms: Copyright