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ABSTRACT
ACTA WASAENSIA
Streng, Alfred (2007). Ideella rättigheter i digital miljö (Moral Rights in the Digital
Environment). Acta Wasaensia Nr 172, 372 p.
In this research first the development of the protection and justification of copyright,
and especially moral rights, in Europe are elaborated in order to give a basis for the
further study. Due to the growing topicality of the problems with copyright in global,
digital, networks, international treaties on copyright have become more or less a necessity.
The Berne Convention, the Trips Agreement on Trade-Related Aspects of Intellectual
Property Rights of the World Trade Organization (WTO) and the Treaties of World
Trade Organization (WIPO), i.e. The WIPO Copyright Treaty (WCT) and WIPO Performances
and Phonograms Treaty (WPPT) are the most important examples of international
instruments formed to cope with the problems. In EU, treaties on copyright
have to pay regard to the general principles of EU and the rules that have their bases
in these principles. The EU Infosoc Directive has its basis in the international treaties.
The protection, justification as well as infringements of copyright, and especially moral
rights, are looked upon from the perspective of the legal principles of fair practice
and loyalty. The questions of most relevance are how can these legal principles be justified
and applied in copyright and how have these legal principles been referred to
and how are they being referred to in copyright case law.
When using digital techniques and digital rights management (DRM) in a mobile digital
environment also the moral rights, the paternity right and the respect or integrity
right, are to be paid regard to. The paternity right implies that the name of the author
should be stated when his work is made available to the public and especially when
performed to the public in a manner required by fair practice. What is to be conceived
as fair practice varies according to different categories of works. The integrity right
statutes that a work cannot be altered in a way derogatory to the literary and artistic
reputation or to the individuality of the author. The legal principles of loyalty and fair
practice can be referred to in cases of infringements.
Alfred Streng, Department of Business Law, University of Vaasa, PB 700, FI-65101
Vaasa, Finland, e-mail alfred.streng@uwasa.fi
KEY WORDS: Copyright, moral rights, the legal principles of fair practice and loyalty,
the EU Infosoc Directive, DRM, mobile applications.