Thèse--Université de Toulouse. / At head of title: Université de Toulouse--Faculté de droit. "Bibliographie": p. [297]-301.

Thèse--Université de Toulouse. / At head of title: Université de Toulouse--Faculté de droit. "Bibliographie": p. [297]-301.

Thesis (Ph.D.)--Bowling Green State University, 2008. / Document formatted into pages; contains xii, 190 p. Includes bibliographical references.

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This thesis provides an insight into the current position of moral rights of authors and outlines the perspectives of the doctrine of moral rights in international copyright regime of the 21st century. Such survey is particularly urgent at a time when the doctrine of droit moral, one of the most contentious and controversial issues in copyright, is now in an international spotlight again. The recent decade has seen two contradictory trends in the field of international copyright. The 1994 Uruguay Round saw the emergence of new global intellectual property regime, embodied in the TRIPs Agreement, which elevates copyright into a new stage of development by linking it for the first time with international trade and technology and by substantially widening the scope of its governance. However, this new instrument is almost exclusively concerned with protecting the rights belonging to owners, endorsing the 'sanctity of property', but practically eliminating the protection of the original creators' non-economic, moral rights. Against this background, the 1990's have witnessed an unprecedented commitment to the protection of artist's moral rights in countries that in the past were the strongest opponents of any such notion within their copyright regimes. The question of moral rights has always been considered an issue where a wider international consensus is impossible due to the traditional rift between civil law's authors' rights and common law's copyright philosophies. However, in a world where the protection of intellectual property is increasingly viewed on an international basis - of necessity, because of technological and economic developments - a global consensus on this issue is inevitable. By reviewing the justificatory schemata underlying the doctrine of droit moral and by analyzing the recent statutory developments in several common law jurisdictions in this arena, as well as the concession made by moral rights-devout civilian jurisdictions, this thesis shows that the gap between the two systems is no longer insurmountable. The analysis reveals that despite the underlying philosophical differences, a substantial degree of convergence of copyright and author's rights is occurring, and outlines the sites of consolidation which can serve as a basis for a possible future international agreement on this issue.

This thesis provides an insight into the current position of moral rights of authors and outlines the perspectives of the doctrine of moral rights in international copyright regime of the 21st century. Such survey is particularly urgent at a time when the doctrine of droit moral, one of the most contentious and controversial issues in copyright, is now in an international spotlight again. The recent decade has seen two contradictory trends in the field of international copyright. The 1994 Uruguay Round saw the emergence of new global intellectual property regime, embodied in the TRIPs Agreement, which elevates copyright into a new stage of development by linking it for the first time with international trade and technology and by substantially widening the scope of its governance. However, this new instrument is almost exclusively concerned with protecting the rights belonging to owners, endorsing the 'sanctity of property', but practically eliminating the protection of the original creators' non-economic, moral rights. Against this background, the 1990's have witnessed an unprecedented commitment to the protection of artist's moral rights in countries that in the past were the strongest opponents of any such notion within their copyright regimes. The question of moral rights has always been considered an issue where a wider international consensus is impossible due to the traditional rift between civil law's authors' rights and common law's copyright philosophies. However, in a world where the protection of intellectual property is increasingly viewed on an international basis - of necessity, because of technological and economic developments - a global consensus on this issue is inevitable. By reviewing the justificatory schemata underlying the doctrine of droit moral and by analyzing the recent statutory developments in several common law jurisdictions in this arena, as well as the concession made by moral rights-devout civilian jurisdictions, this thesis shows that the gap between the two systems is no longer insurmountable. The analysis reveals that despite the underlying philosophical differences, a substantial degree of convergence of copyright and author's rights is occurring, and outlines the sites of consolidation which can serve as a basis for a possible future international agreement on this issue. / Law, Peter A. Allard School of / Graduate

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.

Digitisation had a profound impact on the creation, reproduction, and dissemination of works protected by copyright. Works in digital format are vulnerable to infringement, and technological protection measures are accordingly applied as protection. Technological protection measures can, however, easily be circumvented, and additional legal protection against circumvention was needed. Article 11 of the WIPO Copyright Treaty (the WCT) obliges Member States to provide adequate legal protection against the circumvention of technological measures applied to works protected by copyright. Contracting parties must refine the provisions of Article 11 and provide for exceptions on the prohibition. Article 11 does not specify whether it pertains to only certain types of technological measures, nor does it prohibit the trafficking in circumvention devices. The United States implemented the provisions of Article 11 of the WCT through the Digital Millennium Copyright Act of 1998 (the DMCA). Section 1201 of the DMCA prohibits the circumvention of technological measures. It is detailed and relates to two categories of technological measures - access control and copy control. It prohibits not only the act of circumvention, but also the trafficking in circumvention devices. Article 6 of the EC Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society of 2001 implements Article 11 of the WCT. Article 6 seeks to protect Aeffective technological measures@. It prohibits both the act of circumvention and circumvention devices. Although Article 11 of the WCT is silent on the issue of access control, it seems as if the international trend is to provide legal protection to access controls, thus indirectly creating a right to control access. South Africa has not yet implemented Article 11 of the WCT. The South African Copyright Act of 1979 does not protect technological protection measures. The Electronic Communications and Transactions Act of 2002 (the ECT Act) provides protection against the circumvention of technological protection measures applied to digital data. The definition of Adata@ is such that it could include protected works. If applied to protected works, the anti-circumvention provisions of the ECT Act would be detrimental to user privileges. As developing country, it seems to be in South Africa's best interest to the implement the provisions of Article 11 in such a manner that it still allows users access to and legitimate use of works protected by copyright. / Jurisprudence / LL.D.