Academic literature on the topic 'Divulgation de liens'

"construing the Berne Convention to say that all that was required was a positive right to claim authorship which the author may exercise as he wishes. Normally this will be by placing his name on copies of the work. The Green Paper noted that s 43 of the 1956 Act provided a useful remedy where the plaintiff is not a professional writer and could not therefore recover damages for loss of goodwill in a passing off action; the provision survives as s 84 of the 1988 Act. The Berne Convention also contains some latitude as to the right of integrity since Article 6 bis requires a right to object in cases only where actions in relation to an author’s work would be prejudicial to his honour or reputation. The government agreed with Whitford that exceptions such as the permitting of reasonable modifications (as in the Netherlands Copyright Act) should be made and that they would be in accordance with the Berne Convention. The Green Paper therefore proposed that the legislation should provide that no change should be made in any literary, dramatic, musical, artistic or cinematographic work without the author’s consent, with the exception of changes to which the author could not in good faith refuse consent. The Act embraces this principle by implication, not expressly, as it adopts the wording of the Berne Convention rather than that of the Green Paper. The Green Paper went on to propose that the rights would be exerciseable only by the author or, after his death, by his personal representative. Contravention of the rights would be actionable as a breach of statutory duty. The rights would not be assignable. However, the author would be permitted to waive his moral rights and such waiver would be binding on his successors in title. The moral rights would exist for the same period as economic rights. The White Paper promised legislation along the lines foreshadowed in the Green Paper, noting that while Whitford had doubted whether UK law had complied with the Brussels text of the Berne Convention, there was no doubt that amendment of the law was necessary to comply with the Paris text. Chapter 4 of the Act sets out the new rights. The rights to be protected are the minimum required to be protected by Berne – paternity and integrity. There is no equivalent to the French droit de divulgation (the right to control circulation of a work prior to its being completed for publication), the droit d’accès (mainly of artists to their paintings after sale), the droit de repentir (the right of withdrawal after publication, subject in German law to the payment of compensation to the publisher, of a work of which its author no longer approves). Nor is there a right to reacquire a work of which the author has disposed – such as Graham Sutherland might have found useful in the case of his portrait of Churchill – or a right of publication. The possibility of." In Sourcebook on Intellectual Property Law. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843142928-70.