Moral rights and substantiality: some questions of integration

Adeney, Elizabeth 2002, Moral rights and substantiality: some questions of integration, Australian intellectual property journal, vol. 13, no. 1, pp. 5-20.

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Title Moral rights and substantiality: some questions of integration
Author(s) Adeney, Elizabeth
Journal name Australian intellectual property journal
Volume number 13
Issue number 1
Start page 5
End page 20
Publisher Lawbook Co.
Place of publication Sydney, N.S.W.
Publication date 2002-02
ISSN 1038-1635
Summary Now that Australia has its long awaited legislation protecting the moral rights of authors, a new phase in the development of the rights begins. It must be asked how the incorporation of the rights into the existing copyright legislation, and their subjection to existing doctrines, will affect their operation. And how will existing doctrines be challenged and extended by the existence of the rights? Ultimately these questions will be worked out in the courts. The present article offers a consideration of one area where the legislature has purported to integrate moral rights into the existing scheme but where the practicalities oftheir integration are still unclear. It examines the interplay of moral rights with the doctrine of substantiality, suggesting that any clarification of what substantiality means in the moral rights context will be contingent upon the emergence of more precise definitions of what moral rights are and what interests they are intended to protect.
Language eng
Field of Research 180115 Intellectual Property Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2002, Lawbook Co.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001702

Document type: Journal Article
Collection: School of Law
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