Copyrights Y Derechos Morales De Autor: La Experiencia Del Common Law En El Reino Unido (Copyrights and Moral Rights: The Experience of the Common Law in the UK)

Abstract

Moral rights have had a wide recognition in Continental or Civil Law systems since they were adopted by Berne Convention. However, Common Law systems have resisted implementing completely moral rights into their legislation. This can be seen in the UK experience in which law makers and courts have preferred economic rights rather than moral rights in order to protect authors’ personality. These dispositions might not fully meet Berne Convention minimum standards. As a consequence, this article aims to find whether or not the UK copyright law establishes unnecessary limits to moral rights and whether or not economic rights are enough to protect authors’ personality.

Note: Downloadable document is in Spanish.

Keywords: moral rights, copyrights, common law, Berne Convention, UK Copyright Designs and Patent Act, Colombian Copyright Act, waiver dispositions