Moral Rights 2.0

Samantha Schreiber is a JD candidate at Osgoode Hall Law School

Professor Peter K. Yu, an IP Osgoode Research Affiliate, examines the impact of external influences on the development of moral rights both in Europe and in the United States. Although there are disparities between the copyright law regimes of Europe and the United States, the biggest challenges to the future of moral rights development will arise from the evolving socio-technological environment, more specifically the Internet and other media technologies.

Professor Yu’s paper addresses the threat to the existence of moral rights in the United States, as well as the effects of the challenges posed by new modes of technology and the dynamic nature of the Internet.  Professor Yu suggests that although the ever-evolving nature of technology may make it more difficult to prevent the violations of moral rights, the same modes of technology may be simultaneously promoting the protection of moral rights.

Furthermore, Professor Yu also points to the implications of the international copyright regime in regards to moral rights and the varying approaches espoused by signatory countries. Despite the complexities of a global atmosphere diverse in their moral rights protection mechanisms, Professor Yu submits that ultimately, “as moral rights continue to grow and mutate, their development, undoubtedly, will be shaped by the needs and demands of a rapidly-changing socio-technological environment.”

Professor Yu’s article is available at SSRN:   Yu, Peter K., Moral Rights 2.0 (October 15, 2010). LANDMARK IP CASES AND THEIR LEGACY, Christopher Heath, Anselm Kamperman Sanders, eds., Kluwer Law International, 2011. Available at SSRN: http://ssrn.com/abstract=1692500

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