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Dutch to English translations [PRO]
Law/Patents - Law: Contract(s) / construction | | Dutch term or phrase: persoonlijkheidsrechten | De uitvoerder behoudt zijn persoonlijkheidsrechten
De Franse versie:
Le maître d'oeuvre conserve ses droits moraux d’auteur |
| | | moral rights | Explanation:
The Property Lexicon (A. van den End)
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Note added at 1 hr (2007-11-07 10:33:58 GMT)
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http://za.creativecommons.org/blog/archives/2005/06/26/moral...
Moral Rights and the iCommons
This weekend (25-6 June) we are at the iCommons Summit in Harvard. One of the most fascinating issues to come up is that of moral rights. Moral rights are non-economic rights and usually include the right of attribution; to be named as the author. IP academics call this the right of paternity, a term loaded with ideological assumptions about creativity. The right is often called the right of integrity, which gives the author the right to object to distortions of the work.
Unlike copyright and related rights the moral right(s) cannot be alienated, sold, donated or transferred. The creator retains the rights, and cannot give them away.
The intellectual origin of Moral rights is the Continental tradition which conceives of intellectual property rights as aspects of the personality of the lone, Romantic author figure. This view sees moral rights as protection for the artistic honour of the creator.
South Africa has incorporated moral rights because it is included in the Berne Convention; a multilateral copyright treaty. Section 20 of the Copyright Act provides:
“20. Moral rights
(1) Notwithstanding the transfer of the copyright in a literary, musical or artistic work, in a cinematograph film or in a computer program, the author shall have the right to claim authorship of the work, subject to the provisions of this Act, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author: Provided that an author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation of the work.”
This entry was posted on Sunday, June 26th, 2005 at 10:00 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.
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Note added at 1 hr (2007-11-07 10:36:35 GMT)
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http://en.wikipedia.org/wiki/Moral_rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. While the United States became a signatory to the convention in 1988, it still does not completely recognize moral rights as part of copyright law, but rather as part of other bodies of law, such as defamation or unfair competition. Those jurisdictions that include moral rights in their copyright statutes are called droit d'auteur states, which literally means "right of the author".
Moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving the integrity of the work bars the work from alteration, distortion or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned his or her rights to a work to a third party he or she still maintains the moral rights to the work. Some jurisdictions allow for the waiver of moral rights. In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only applies to works of visual art.
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| Selected response from:
xxxjarry
South Africa
Local time: 05:11
| Grading comment Bedankt Jarry
4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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5 mins confidence:  
1 hr confidence: moral rights
Explanation:
The Property Lexicon (A. van den End)
--------------------------------------------------
Note added at 1 hr (2007-11-07 10:33:58 GMT)
--------------------------------------------------
http://za.creativecommons.org/blog/archives/2005/06/26/moral...
Moral Rights and the iCommons
This weekend (25-6 June) we are at the iCommons Summit in Harvard. One of the most fascinating issues to come up is that of moral rights. Moral rights are non-economic rights and usually include the right of attribution; to be named as the author. IP academics call this the right of paternity, a term loaded with ideological assumptions about creativity. The right is often called the right of integrity, which gives the author the right to object to distortions of the work.
Unlike copyright and related rights the moral right(s) cannot be alienated, sold, donated or transferred. The creator retains the rights, and cannot give them away.
The intellectual origin of Moral rights is the Continental tradition which conceives of intellectual property rights as aspects of the personality of the lone, Romantic author figure. This view sees moral rights as protection for the artistic honour of the creator.
South Africa has incorporated moral rights because it is included in the Berne Convention; a multilateral copyright treaty. Section 20 of the Copyright Act provides:
“20. Moral rights
(1) Notwithstanding the transfer of the copyright in a literary, musical or artistic work, in a cinematograph film or in a computer program, the author shall have the right to claim authorship of the work, subject to the provisions of this Act, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author: Provided that an author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation of the work.”
This entry was posted on Sunday, June 26th, 2005 at 10:00 pm and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.
--------------------------------------------------
Note added at 1 hr (2007-11-07 10:36:35 GMT)
--------------------------------------------------
http://en.wikipedia.org/wiki/Moral_rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. While the United States became a signatory to the convention in 1988, it still does not completely recognize moral rights as part of copyright law, but rather as part of other bodies of law, such as defamation or unfair competition. Those jurisdictions that include moral rights in their copyright statutes are called droit d'auteur states, which literally means "right of the author".
Moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving the integrity of the work bars the work from alteration, distortion or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned his or her rights to a work to a third party he or she still maintains the moral rights to the work. Some jurisdictions allow for the waiver of moral rights. In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but only applies to works of visual art.
| xxxjarry
South Africa
Local time: 05:11
Specializes in field
Native speaker of: English
PRO pts in category: 209
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| Changes made by editors |
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| Nov 8, 2007 - Changes made by xxxjarry: | | Created KOG entry | KudoZ term => KOG term |
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