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Moral Rights in the Digital Age: New Possibilities for the Democratization…
Moral Rights in the Digital Age: New Possibilities for the Democratization of Culture
The aim of moral rights law
to protect the non-commercial interests of creative authors
The most widely recognized moral rights are the rights of attribution and integrity.
the attribution
e his name associated with his own work
the integrity right
the author also has the right to demand that the artistic integrity of his work remain uncompromised
by modi cations or distortions
His reputation is at stake
the author’s ability to respond to the mistreatment of his work by asserting his rights in a
court of law
New technologies
Everybody who has an access to the computer can intervene in the body of an artwork and
make changes
authors are no longer in a position to monitor the use of their works
the conceptual integrity of moral rights doctrine is threatened by the transformation of culture in the ‘Information Age
Are moral rights relevant to an information-oriented society?
Trends affecting moral rights
internationalization of legal norms affecting culture
cultural trends within Western countries that bring a degree of conceptual uncertainty to moral rights doctrine
The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights
in 1995
the concept of enforcing intellectual property rights with economic measures
the absence of an international baseline standard for moral rights
general loss of status
Challenges
. Intervention
opportunity to modify
every user of a work in digital format will have the opportunity to
reshape it
Implementation and enforcement
attempts to control
the flow of information through the internet and communications technologies by regulation strike at the heart of the values associated with the global ‘information society
importance of free access to knowledge is widely championed by diverse activists
Regulation has not only had difficulties in keeping pace with technological developments, but it has also been largely unsuccessful in balancing the social interests at stake.
Dissemination
the rise of new technologies for reproducing works
tremendous ease and speed of copying with no loss in quality
difficult for the author to control the manner in which it is treated
Moral Rights in the Digital Age
Digital technology has irrevocably altered the balance of power in the relationship between
authors and their public.
copyright will only survive because the public wants it, and knows
it wants it, and knows its value.