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de Werra, Jacques --- "The Moral Right of Integrity" [2009] ELECD 170; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 11

Section Title: The Moral Right of Integrity

Author(s): de Werra, Jacques

Number of pages: 19

Extract:

10 Moral rights1
Willem Grosheide



1. The advent of modern copyright law

1.1 Author's rights tradition and copyright tradition
As is well known, today's world is divided into two traditions with regard to
the legal protection of cultural information: the civil law or continental tradi-
tion and the common law or copyright tradition.2 Both traditions developed in
the respective national laws of Western Europe over the course of time,
following the introduction of the printing process in the 15th century and as a


1 See for a general overview S. Strömholm, Le droit moral de l'auteur I, II, III
(Norstedt & Söners, Stockholm, 1966­73); Elizabeth Adeney, The Moral Rights of
Authors and Performers (Oxford University Press, Oxford, 2006). No separate atten-
tion will be given in this chapter to performers' rights.
2 As a matter of terminology, in this chapter the term copyright law is gener-
ally used as the generic indicator of both traditions. Copyright law, for that matter, is
viewed here as a particular variant on the legal regulation of human communication
originating within the framework of Western European culture, serving primarily to
safeguard the exploitation of cultural information upon its dissemination. Copyright
(law) is also the overarching term unifying economic rights and moral rights. Comp.
E.W. Ploman and Clark Hamilton, Copyright ­ Intellectual Property in the
Information Age (Routledge & Kegan Paul, London, Boston and Henley, 1980); F.W.
Grosheide, Auteursrecht op maat (Kluwer, Deventer, 1986) with an English summary;
idem, ` ...