In the 80s and 90s, I often noticed the phrase "The moral right of (name) to be identified as the author of this book has been asserted" in books, along with the copyright and library of congress information, isbn, etc. Was this some legal loophole being closed? I don't see it these days.
#113323. Asked by darkpresence. (Mar 09 10 4:11 PM)
This Cut/Paste gives some good background:|
In my essay on Copyright Law, I asserted that the USA does not recognize "moral rights" of authors that are included in article 6bis of the Berne Convention, despite the claim of the USA that it adheres to the Berne Convention. These moral rights include:
the right of integrity: mutilation or distortion that would prejudice the author's honor or reputation is not permitted. In French law, this right is called "droit au respect de l'oeuvre" and is mentioned in Article 6 of the French Law No. 57-298 of 11 March 1957.
the right of attribution: the true author has the right to have his/her name on the work, and a non-authors are prevented from having their names attached to the author's work. In French law, this right is called "droit à la paternité" and is mentioned in Article 6 of the French Law No. 57-298 of 11 March 1957.
The following moral rights are not mentioned in the Berne Convention, but are part of the national law in some countries:
the right of disclosure: the author has the final decision on when and where to publish. In French law, called "droit de divulgation". and is mentioned in Article 19 of the French Law No. 57-298 of 11 March 1957. The publisher must not modify the author's work, except with the author's written consent. Art. 56 of French Law No. 57-298.
the right to withdraw or retract:when an author's views change, the author may purchase at wholesale price all of the remaining copies of the author's work, then prevent printing of more copies. In French law, this right is called "droit de retrait ou de repentir" and is mentioned in Article 32 of the French Law No. 57-298 of 11 March 1957.
the right to reply to criticism: For example, French law gives the author a right to reply to a critic and to have the reply published in the same place as the critic's expression. This law honors the doctrine of Justice Brandeis that the proper remedy is "more speech".
Find something useful here? Please help us spread the word about FunTrivia. Recommend this page below!