The Digital Media Project

Source

Marc Gauvin

Title

TRU #87 To determine context of use

No.

040428gauvin01

 

Name:

Marc Gauvin
Affiliation/additional information:

sDae
Date submitted:

2004/04/04

 

#

Criteria

Description

1.

Name of TRU

To determine context of use

2.

Summary description of TRU

Due to the moral rights attributed to authors over their content in a considerable number of legal jurisdictions (i.e. European continental Author Rights legislation), authors may invoke limitations of use or access to their content on the basis of context. 

3.

Use records of TRU

An author may prohibit use of his work in association with a given political event, commercialisation of a product or in a particular location or territory.  The right holders of Master Rodrigo’s works has prohibited the dissemination of his works on the internet

4.

 Nature of TRU

The Berne Convention for the Protection of Literary and Artistic Works as amended in 1979 Article 6bis states:

 « Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation. »

In current Spanish law, the< color:blue"> question of use of the work is clearly supported in terms of control over contextual circumstances of use where such contexts may affect the intellectual or moral convictions of the author.  Furthermore, such convictions may change in time allowing for the author to remove the work from circulation, albeit having to indemnify the owners of any economic rights. Pertinent, parts are highlighted in yellow.

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< color:blue"> CHAPTER III CONTENT

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Section 1 Moral Rights

Article 14. Content and characteristics of Moral Rights

 

The following inalienable and irrepudiable rights belong to the author:

1. Decide whether or not the work is to be published as well as the way it is published.

2. Determine if such dissemination is to be done with his/her name, a pseudonym or insignia or anonymously.

3. Demand recognition of his/her condition of author of the work.

4. Demand that the integrity of the work be respected and prevent any deformity, modification, alteration or attack that results in prejudicing his/her legitimate interests or even reputation.

5. Modify the work respecting the acquired rights of third parties and the exigencies due to the protection of objects of cultural interest.

6. Remover the work from commerce due to change of his or her intellectual or moral convictions prior to providing indemnity to owners of rights of exploitation.

If later the author should decide that the work is to be commercialized anew  he should offer preferably the corresponding rights to the previous owners of said commercial rights in reasonably similar conditions as before.

7. Access unique or rare copies of the work, when it is in under the custody of others, with the end to exercise the right to divulge or any other right that belong to the author.

This right does not permit demanding that the work be moved and access to the work shall take place in the place and form that cause the least inconvenience to the owner, to whom shall be indemnified, should the case require, for any damages or inconvenience that he/she may suffer.

5.

Benefits of TRU

Authors and creators may determine the scope and nature of the dissemination of their works, be it for commercial strategy purposes or moral prerogative.

6.

Possible digital support

Watermarking, user identification, device identification, automatic generation of audit trail, description of human profiles and more DEUs ….

7.

Requirements

DMP shall support the determination of use profiles.

8

References

The Berne Convention for the Protection of Literary and Artistic Works as amended in 1979 Article 6bis.