Principles of Copyright Law – Cases and Materials

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TABLE OF CONTENTS CHAPTER II.


RIGHTS


A. MORAL RIGHTS



  1. RIGHT OF ATTRIBUTION



  • Infringement of the attribution right is aggravated if another
    person’s name is substituted for the true author’s name

  • The provider of an idea, though not an author, may also deserve
    recognition



  1. RIGHT OF INTEGRITY



  • Proof of prejudice to honour or reputation may require objective
    evidence, other than merely that of the author



  1. MORAL RIGHTS CANNOT BE TRANSFERRED, BUT THEY
    MAY BE EXPRESSLY OR IMPLIEDLY WAIVED


(a) Right of integrity
(b) Right of attribution


  1. MORAL RIGHTS PRINCIPLES MAY AFFECT THE INTERPRETATION
    OF CONTRACTS DEALING WITH COPYRIGHT WORKS


B. RIGHTS OF EXPLOITATION



  1. REPRODUCTION RIGHT



  • Reproduction includes the making of any kind of copy, even in a
    different size

  • Reproduction includes the making of copy in a different form,
    even if the copy is not easily perceptible

  • A temporary copy may still be a reproduction

  • Uploading or downloading from the Internet may “reproduce”
    the work, even if the reproduction is of lesser quality


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