TY  - GEN
N2  - Copyright protects original works of authorship by granting the author economic rights, which give the author an exclusive right of economic exploitation, and moral rights, which protect noneconomic interests of the author. Moral rights are not considered property, but an aspect of the author's personality. The aim of this study is to find a solution how to include one of the author's moral rights—the right of withdrawal—in the national legal acts, so that it meets the interests of both the author himself and the user of the work. The research question is: how much should it be necessary to limit the right of withdrawal so that neither the transferee of the economic rights nor other coauthors of the work suffer from its excessive use? To find an answer to the research question, international and national legal norms of various countries were studied, the materials of international conferences were analyzed, as well as the information available on the Internet about the origin, use, and development of moral rights were taken into account. There is a wide diversity of opinion on the application of right of withdrawal, as well as great differences in the laws of individual countries. Although the laws of Common Law countries include mandatory moral rights (according to the Berne Convention), the right of withdrawal in its classical form is not provided for in any of the analyzed countries. In Civil Law countries are different attitudes to withdrawal rights. Some Civil Law countries have and some have not included these rights in national copyright law. The right of withdrawal can be included in the catalog of moral rights of national copyright laws, but it cannot be an unlimited right. Certain limitations or exceptions must be established for specific types of work or specific situations of use. It should also be possible for the author to contractually transfer or waive certain moral rights in specific situations.
DO  - 10.1111/jwip.12284
DO  - doi
AB  - Copyright protects original works of authorship by granting the author economic rights, which give the author an exclusive right of economic exploitation, and moral rights, which protect noneconomic interests of the author. Moral rights are not considered property, but an aspect of the author's personality. The aim of this study is to find a solution how to include one of the author's moral rights—the right of withdrawal—in the national legal acts, so that it meets the interests of both the author himself and the user of the work. The research question is: how much should it be necessary to limit the right of withdrawal so that neither the transferee of the economic rights nor other coauthors of the work suffer from its excessive use? To find an answer to the research question, international and national legal norms of various countries were studied, the materials of international conferences were analyzed, as well as the information available on the Internet about the origin, use, and development of moral rights were taken into account. There is a wide diversity of opinion on the application of right of withdrawal, as well as great differences in the laws of individual countries. Although the laws of Common Law countries include mandatory moral rights (according to the Berne Convention), the right of withdrawal in its classical form is not provided for in any of the analyzed countries. In Civil Law countries are different attitudes to withdrawal rights. Some Civil Law countries have and some have not included these rights in national copyright law. The right of withdrawal can be included in the catalog of moral rights of national copyright laws, but it cannot be an unlimited right. Certain limitations or exceptions must be established for specific types of work or specific situations of use. It should also be possible for the author to contractually transfer or waive certain moral rights in specific situations.
T1  - The author's moral right of withdrawal and its reasonable restriction or contractual waive.
AU  - Veiksa, Ingrida,
JF  - Journal of World Intellectual Property
VL  - 26, 3, 2023
LA  - eng
ID  - 49057
KW  - Copyright
KW  - Copyright
KW  - Intellectual property.
KW  - Internet
KW  - Copyright.
TI  - The author's moral right of withdrawal and its reasonable restriction or contractual waive.
LK  - https://doi.org/10.1111/jwip.12284
UR  - https://doi.org/10.1111/jwip.12284
ER  -