Contemporary Problems of Integrity Protection of Copyrighted Works in the Light of Article 6bis of the Berne Convention and the Recent Practice of CJEU
The right of integrity appeared at different times and with different content in different legal systems. Although the Berne Convention (BC) contains a compromise solution on the right of integrity, compared to this minimum requirement there are noticeable shifts towards both endpoints of the scale. At first sight, it might seem that some kind of process of unification began. However, it is strongly questionable whether the shifts in the various legal systems are indeed aimed in one direction, and even if the answer is yes, can this tendency be in itself favourable? If, however, the process of “the emptying erosion of the integrity right” began in a way that affects the copyright regime of Hungary and several EU states, we must examine the nature, causes and the short and long-term regulatory effects of this erosion. One of the most fundamental questions is that the erosion of individual rights in certain areas and cases – differently arising in legal systems – should lead us to create new compromises in international and EU legislation, or can we handle the new situations through the currently available legal instruments? The answer may not be postponed for long in the era of extraterritorial uses – only because of the strong connection between the authors' moral and the property rights
Year of publication: |
2020
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Authors: | Pogácsás, Anett |
Publisher: |
[2020]: [S.l.] : SSRN |
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