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Posts Tagged: "moral rights"

Clarifying the U.S. Approach to Copyright and Plagiarism

Copyright is one of the most important intellectual property rights for any individual in America. The power to grant protection of copyrights “by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” is given to Congress in Article 1, Section 8 of the U.S. Constitution. As an author and computer programmer, I find that many of my colleagues misunderstand these rights and the protections that they afford. For this reason, I think it is important to clear up some misunderstandings in the recent IP Watchdog article, “A Question of Morals: The U.S. Approach to Plagiarism, ‘Moral Rights’, and Copyright Infringement” by Dave Davis.

Delhi High Court Rules Architect’s Moral Rights Offer No Remedy for Demolition of Building He Designed

Does an architect, as author of an artistic work in the form of a building covered by copyright, have a right to restrain the owner of the land to demolish the building and construct another in its place? The Delhi High Court of India recently answered this firmly in the negative in the case of Raj Rewal v. Union Of India and Ors. The Delhi Court’s judgment gave preference to requirements of urban planning over the moral rights of an architect. It held that the owner of the building has full power to dispose of or destroy it. The judgment is significant in its contribution to the jurisprudence on the scope and limitations of “moral rights” in Indian Copyright Law.

A Question of Morals: The U.S. Approach to Plagiarism, ‘Moral Rights’, and Copyright Infringement

“It was a warm and pleasant day on the beaches of Rio de Janeiro. The waves lapped at the shore and far off a sea-bird raised its plaintive cries to the sky. She looked up from her book, thinking, ‘Wait, where have I read that that before? … ‘ “ Rather than an irksome daydream on the beach, an author’s nightmare is of having her works — or parts of them—lifted from her control and passed off as those of someone else. That is exactly the allegation that bestselling novelist Nora Roberts brings in her suit, filed in late April in a Brazilian Court, against Cristiane Serruya, a lawyer-turned-author. Nora Roberts is one of the most popular living American authors. She primarily writes romance novels, as well as police procedural (crime) fiction. Her works are solid sellers, and she has received a huge number of industry awards, as well as having more than a dozen of her works adapted into film and television productions. Hers is the type of market success that every genre author dreams of. Sadly, with widespread popularity comes risk of infringement—in this case, not of copyright infringement, but a very particular violation of authorial rights. 

Negotiators Set to Wrap-up Talks on New Treaty to Improve Actors’ and other Performers’ Rights in Audiovisual Productions

The stage is set for a new international treaty that would extend the protection for audiovisual performers, granting them both economic and moral rights similar to those already recognized for music performers. Over 500 negotiators from WIPO’s 185 member states, as well as actors, industry and other stakeholder organizations will meet in Beijing from June 20 to 26, 2012 to finalize discussions on an international treaty to update the intellectual property rights of audiovisual performers, such as film and TV actors and actresses. The meeting will be opened on June 20, 2012 at the China World Hotel by WIPO Director General Francis Gurry and high ranking Chinese State and Beijing Municipality officials.