Monday, November 10, 2014

Intellectual Property : continental european vs Anglo-American


 Moral rights
It seems that in anglo-american (I call it american) school of IP, moral rights have less or no importance, while in continental european(european for short) it plays a major role. but many claim that in digital age, these two are changing towards a closer. where at least in many european laws the part of moral rights are getting shallower. specially when they attempt to get to an agreement between several european countries that may have differences in one specific law, the part that is generally sacrificed is moral rights.

 Copy,comment, reuse, edit ..
Although in european IP private copy and use may be permitted, American approach gives more freedom to "fair use" when the benefit of releasing information for public is great.
since american IP had a more utilitarian approach, it has favourable characteristics in the era of fast changing technologies and competitive economies. some also claim that moral rights limits artistic work and creativity by restrains like "the right of integrity". in this sense another difference between these two is their flexibility in reuse and modifying of existing creations.
but still some other, strongly defend moral rights of the author by metaphor of "author and creation as parent and child", which follows very funny arguments about selling one's child and so on!

Author vs entrepreneur
As in case of moral rights, in european school, author as a person has the central stage. however in american school ownership of a work done under employment goes to the employer.

Different media, different rights
In american law copyright protection covers media such as sound recording, film(producer) and broadcasting(performer), directly; in european school these go under  neighbouring rights. 

No comments:

Post a Comment