THE MORAL RIGHTS OF THE AUTHOR AND PLAGIARISM
Transilvania University of Brasov (ROMANIA)
About this paper:
Conference name: 2nd International Conference on Education and New Learning Technologies
Dates: 5-7 July, 2010
Location: Barcelona, Spain
Abstract:The present paper aims at analysing the non-patrimonial component of the author’s rights, namely the moral rights of the author, and, at the same time, at discussing the legal implications of plagiarism. In this context, the moral rights of the author will be analysed as they are configured in the two main traditions protecting literary and artistic works, namely the European, Continental or the ‘author’s right system’ and the ‘Copyright system’; while the former is rooted in the civil law tradition, the latter belongs to the common law countries. The concept ‘copyright law’ will also be employed in a broader meaning, used to designate all the provisions regulating this domain, those of the ‘author’s right’ system included. In the introductory part of the paper, the types of works subject to copyright protection, ownership of copyright and the conditions required for a work to benefit from copyright protection will be mentioned. Special reference will be made to relevant legal instruments, such as the Berne Convention for the Protection of Literary and Artistic Works (1886), the system of protection promoted by the European Union, as well as the national framework, namely Law no. 8/1996 on Copyright and Neighbouring Rights. The moral rights of the author acknowledged in the Romanian law, which belongs to the author’s right system, are the following ones: the right to divulgation, the right to paternity, the right to a name, the right to inviolability of the work, and the right to withdrawal. In addition, the legal characteristics of the moral rights of the author will be presented. Furthermore, provisions of other European states will be added for comparison. As far as the Copyright system is concerned, the moral rights have not been at the centre of the legal framework until recent times, the main interest being rather utilitarian, as opposed to the European outlook, focused on the author. However, the two systems seem to increasingly harmonise. A case in point is the Copyright Law of the United States or the Copyright Designs and Patents Act (1988) of the United Kingdom. On the other hand, because nowadays the deceitful practice of plagiarism, especially in the form of ‘cut-and-paste’, has been stimulated due to the easy access to online sources, it is even more important to lay emphasis on the provisions protecting the rights of the author so as to assure a more reputable educational environment, which is essential both for the intellectual and for the moral formation of a student.
Keywords: moral rights, author's right system, Copyright system, plagiarism.