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The moral rights of authors in the age of digital information
Fernández-Molina J., Peis E. Journal of the American Society for Information Science52 (2):109-117,2001.Type:Article
Date Reviewed: Dec 1 2001

Intellectual property, and specifically copyright--and how authors of creative works must consider the implications of digital information, new types of information processing, and transmission of that information--are examined in this paper. The focus of the article is the moral rights of authors, specifically paternity and integrity. Paternity is the right of an author of a work to be identified as such, and integrity is the right of the author to oppose any changes to his or her work that could modify, distort, or alter it in some way, to the detriment of the author.

The paper presents an overview of the concept of moral rights, followed by an in-depth treatment of the legal frameworks surrounding them. These include international treaties and agreements, such as the Berne Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, and the World Intellectual Property Organization (WIPO) treaties. The paper also examines differences in how moral rights are treated by various countries, including the US and Australia.

The authors dwell too much on the agreements and treaties at the expense of a deeper review and an understanding of the digital environment of today. A short section on the digital environment is presented, but it is dwarfed by the treatment of all of the treaties and differences pertaining to various countries. A summary of the legal frameworks and perhaps a table presenting differing characteristics would improve the article’s flow. If one’s interests lie in understanding how moral rights are impacted by all of the treaties and agreements, then the paper is essential, providing numerous references as well. On the other hand, readers desiring a more pragmatic review will be disappointed.

Reviewer:  Peter P. Mykytyn, Jr. Review #: CR125562 (0112-0465)
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