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@article{7748, author = {Leška, Rudolf}, article_location = {Oxford}, article_number = {4}, doi = {http://dx.doi.org/10.1093/jiplp/jpz003}, keywords = {copyright; moral rights}, language = {eng}, issn = {1747-1532}, journal = {Journal of Intellectual Property Law & Practice}, title = {From Marx to Google: Redefining the Role of Moral Rights in Czechia}, url = {https://academic.oup.com/jiplp/article-abstract/14/4/331/5366948?redirectedFrom=fulltext}, volume = {14}, year = {2019} }
TY - JOUR ID - 7748 AU - Leška, Rudolf PY - 2019 TI - From Marx to Google: Redefining the Role of Moral Rights in Czechia JF - Journal of Intellectual Property Law & Practice VL - 14 IS - 4 SP - 331-337 EP - 331-337 PB - Oxford University Press SN - 17471532 KW - copyright KW - moral rights UR - https://academic.oup.com/jiplp/article-abstract/14/4/331/5366948?redirectedFrom=fulltext L2 - https://academic.oup.com/jiplp/article-abstract/14/4/331/5366948?redirectedFrom=fulltext N2 - The article analyses the communist copyright reform of 1953 which introduced an open catalogue of robust perpetual moral rights for authors and—to a certain extent—performers. Although the practical exercise of moral rights was in fact limited, they served as the main vehicle for justification of copyright in socialist society, where copyright was no longer a property right but rather an instrument regulating public access to works and ‘just’ remuneration of authors and performers. The article argues that if moral rights are to play their role today as a way to support cultural diversity and combat globalization, they must be rethought as instruments primarily serving the individual interests of authors rather than those of society, which would still indirectly benefit from the creators’ right to enforce their immaterial interests in works and performances of their own. Consequently, copyright policy should focus on the personality of the author and performer, not the vague interests of society, users or publishers. This article shows that moral rights are not an obstacle to copyright-related business but an essential part of the copyright system. ER -
LEŠKA, Rudolf. From Marx to Google: Redefining the Role of Moral Rights in Czechia. \textit{Journal of Intellectual Property Law \&{} Practice}. Oxford: Oxford University Press, vol.~14, No~4, p.~331-337. ISSN~1747-1532. doi:10.1093/jiplp/jpz003. 2019.
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