Research Handbook on Intellectual Property and Moral Rights by Ysolde Gendreau H

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This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists.Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors' perspectives on what copyright and moral rights protection means to them.With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law.

FORMATHardcover CONDITIONBrand New Author Biography

Edited by Ysolde Gendreau, Professor of Law, Université de Montréal, Canada

Table of Contents

ContentsEpigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xiMilan KunderaIntroduction: a contemporary take on moral rights in intellectual property xiiiYsolde GendreauPART I PHILOSOPHICAL ISSUES1 In defence of honour? A case for moral rights from relational autonomy 2Hannah Carnegy-Arbuthnott2 The moral rights of the author – "All Quiet on the Eastern Front"?(a Polish perspective) 15Sybilla Stanisawska-Kloc3 Islamic legal philosophy and moral rights 48Ezieddin Elmahjub4 Against integrity: a feminist theory of moral rights, creative agency andattribution 60Carys Craig and Anupriya Dhonchak5 Civil Codes and authors' rights 81Laura MoscatiPART II MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS6 Inventor's moral right and morality of patents 96Nari Lee7 Moral rights and industrial design 113Giorgio Spedicato8 Exploring moral interests in the intellectual creations underlying trademarks 134Genevieve WilkinsonPART III TRADITIONAL MORAL RIGHTS DIVISIONS9 Dualist vs. monist approaches to copyright within the European Union– an obstacle to the harmonization of moral rights? 152Katharina de la Durantaye10 Individual and collectively bargained contractual substitutes for moralrights in the US motion picture industry 167F. Jay DoughertyPART IV CHALLENGES TO MORAL RIGHTS11 The economic dimension of moral rights 186Richard Watt12 Moral rights for corporate entities 197Pascal Kamina13 Moral rights in cases involving multiple ownership 210Tatiana Synodinou14 "Sharing is caring": Creative Commons, transformative culture, andmoral rights protection 233Alexandra Giannopoulou15 Artificial intelligence and moral rights 251Sérgio Branco and Beatriz Nunes16 Exceptions and limitations to moral rights 267Johan Axhamn17 Designing a freedom of expression-compliant framework for moralrights in the EU: challenges and proposals 292Christophe Geiger and Elena Izyumenko18 Protection of moral rights in Greece, limitations and issues of abuse 315Irini A. Stamatoudi19 Moral rights and alternative dispute resolution 339Brigitte Lindner20 Private international law issues of moral rights 355Paul L. C. TorremansPART V MORAL RIGHTS OUTSIDE EUROPE21 Moral rights and the protection of traditional knowledge 370Susy Frankel22 Moral rights in Japan – 'moral rights' of juridical persons? 384Tatsuhiro Ueno23 Moral rights in China 399Yong Wan24 A reinforced protection to the constitutional fundamental right toauthors' moral rights in Latin America 413Jhonny Antonio Pabón Cadavid25 Moral rights of the author under Brazilian law: importance andchallenges in the communication society and in the digital era 429Silmara Juny de Abreu Chinellato26 Moral rights in Commonwealth countries 443Gillian DaviesPART VI AUTHORS AND MORAL RIGHTS27 Maybe he thought I was dead: a tale of moral rights and image ethics inSouth Africa 461John Peffer28 Fictional stories by fictional people: Alan Smithee and moral rights 479Darren Hudson Hick29 Thou shalt not read: ius abutendi as a moral right of the author? 494Rudolf LeškaIn conclusion: What's new with moral rights? 516Ysolde GendreauAppendix: Commonwealth laws on moral rights – August 2022 533Index

Review

'The book at hand is an excellent achievement both with respect to its appearance and content. I do warmly recommend it to all who are interested in deepening their thinking of intellectual property and moral rights.' -- Max Oker-Blom, IPRinfo'This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.' -- Peter K. Yu, Texas A&M University, US'A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.' -- André Lucas, Nantes University, France'The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.' -- Elizabeth Adeney, formerly Deakin University, Australia

Details ISBN1789904862 Publisher Edward Elgar Publishing Ltd Year 2023 ISBN-10 1789904862 ISBN-13 9781789904864 Format Hardcover Author Ysolde Gendreau Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Edited by Ysolde Gendreau AU Release Date 2023-09-28 NZ Release Date 2023-09-28 Series Research Handbooks in Intellectual Property series Audience Professional & Vocational Pages 582 DEWEY 346.048 Publication Date 2023-09-12 UK Release Date 2023-09-12 We've got this

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