On 3/19/98, Alan Ragueneau <aragueneau[_at_]oceanet.fr> wrote:
>
> I am currently working on the author's moral rights on the interent, it
> is a comparative law study which involves american, english and french
> copyright law.
>
> I would like to know your opinion on the following situation, any
> references of cases with similar facts would be much appreciated!
>
> An american firm publishes on the interent a french author's work first
> published in France with the author's consent. The US firm do some
> modifications to the work without the author's consent. The french
> author wants to claim his moral rights (right of integrity - he is
> opposed to the modification made and consider that it prejudices his
> honor and reputation), and bring the matter to US court.
>
> My questions are as follows:
>
> Is the US court competent?
>
> What is the condition of the french author in the USA?
>
> What is the applicable law?
Seems as if the problem does not need to depend on moral rights. The second, unapproved work would be an unauthorized derivative work, and therefore an infringement.
Robert Baron
rabaron[_at_]pipeline.com
Received on Fri Mar 20 1998 - 16:17:53 GMT
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