Culture Matters: Why Canada's Proposed Amendments to Its Copyright Law Should Revisit Moral Rights
IRWIN LAW/CREATIVE COMMONS, Chapter 16, pp. 476-499, October 2010
25 Pages Posted: 18 Apr 2011
Date Written: October 1, 2010
Abstract
This paper examines moral rights in the international copyright regime from the perspective of copyright law reform at the national level. In particular, how should Canada's ongoing attempts at reforming its copyright law accommodate the moral rights for performers in the WIPO Performances and Phonograms Treaty (WPPT) of 2002? This paper argues that, in fact, the problem of moral rights reform points to a much broader opportunity to re-orient copyright law towards cultural concerns, and to re-establish a more equitable balance among copyright owners, authors, and the public. The issue needs urgent attention in Canada, but it is equally applicable to all jurisdictions grappling with copyright problems around the world, including the United States.
Keywords: copyright law, moral rights of authors, law reform, Canada, Canadian copyright law
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