Experimenting with EU Moral Rights Harmonization and Works of Visual Arts: Dream or Nightmare?

Giulia Dore

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Chapter 8 Experimenting with EU Moral Rights Harmonization and Works of Visual Arts: Dream or Nightmare?

In: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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Giulia Dore

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Type:: Chapter

Pages:: 195–219

DOI:: https://doi.org/10.1163/9789004686212_010

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Moral rights have always faced challenges in copyright law. Some jurisdictions protect them fiercely, while others oppose the frailest safeguard to find a compromise with the international mandate. In the EU, moral rights are not harmonized, nor the European legislator has provided any explicit rules for their protection. Even so, the possibility of harmonizing moral rights has never been barred, neither have there been attempts to explore such an opportunity. The conventional emphasis on the different approaches to moral rights between civil law and common law countries, often to justify the reluctance towards harmonization, is barely acceptable. The implications of the digital and post-digital revolutions prompted new attention to moral rights and elicited by copyright exceptions whose harmonization has always been desirable. Nevertheless, harmonization should not come at all costs. It seems acceptable to envision a flexible approach exploring a focused application of moral rights to a single subject matter, i.e. works of visual arts, which the EU legislator has already addressed via Directive 2001/84/EC (droit de suite). Such an experiment looks specifically at the peculiar US coverage of moral rights under the Visual Artists Rights Act (VARA) but does not rule out a more comprehensive application.

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

E-Book ISBN:: 9789004686212

Publisher:: Brill | Nijhoff

Print Publication Date:: 22 Apr 2024

Subjects
- History
  - Legal History
- International Law
  - Intellectual Property Law

Front Matter

Part 1 Pursuit of Harmonization

Part 2 Divergences in Harmonization

Part 3 Innovation for or against Harmonization?

Part 4 The Challenges of Technological Advancements to IP Doctrine – Any Space for Harmonization Yet?

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African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
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Book History and Cartography	Life Sciences	Theology and World Christianity
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Chapter 8 Experimenting with EU Moral Rights Harmonization and Works of Visual Arts: Dream or Nightmare?

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Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

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