Přehled o publikaci

Author explores the ideas behind procedural presumptions in copyright law with emphasis on the presumption of authorship under Art. 15(1) of the Berne Convention. The contribution discusses various national models of transposition and outlines problems related to the interpretation of Art. 15(1). The author argues that the practice of the online environment – largely established and managed by the global digital giants, such as Google or Facebook, rather than the public – leads to a completely new phenomenon which he dubs as the disappearance of the author. A phenomenon that is happening regardless of the incentives of Art. 15 and regardless of the duty to attribute which is nearly universal in moral rights legislation all over the world.