Re: Does U.S. and foreign copyright law have contradictory goals?

From: <wing_m[_at_]southampton-institute.ac.uk>
Date: Tue, 17 Sep 1996 18:30:10 +0100

Hi again John !

I would agree that most European systems are based on the rights of the author, indeed they are known as Droit D'Auteur (i think - my french is lousy.) The Common Law systems however place much more emphasis on the entrprenurial aspect of Copyright. As an illustration of this the UK law on copyright had no "Moral Rights" common recognised in continental systems such as the right of paternity (to be acknowledged as author) or the right of integrity (to object to derogatory treatment) Until the enactment of the UK's present law, the Copyright Designs and Patents Act 1988. Arguably UK law protected these right prior to 1988 by indirect methods though. As another example, Common Law systems give copyright protection to entrprenurial activity - Copyright in Sound Recordings and films. However in continental systems these are known as neighbouring rights. It may in practical terms be just a difference in terminology, but i think it does show the different philosophical origins of the Common Law and Civil Law systems.

As for US law, I confess ignorance, although I have the impression that the US has a common law type system by looking at USC 101. Certainly if this impression is wrong I will no doubt be corrected.

Mark Wing, Southampton Institute UK
<wing_m[_at_]southampton-institute.ac.uk> Received on Tue Sep 17 1996 - 17:53:18 GMT

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