Moral rights and their position in the digital world

Authors

  • Van Anh Le*

Abstract

The proliferation of technology and the internet has made moral rights more vulnerable than ever. Although the digital age plays a significant role in disseminating culture to a larger audience, the online environment also comes with a threat to the author’s personal interests. Their “spiritual children” are more easily under attack. However, under international law, moral rights have not been considered duly. The Berne Convention, the TRIPS Agreement, WIPO Internet Treaties, and even EU Harmonize Directives all shy away from the moral rights issue in the “Digital age”. In an era when technology is developing faster than the laws regulating it, the exigency for moral rights development in copyright law must be paid more attention. This paper examines how the internet influences the protection of moral rights and to what extent it has made them more susceptible. In conclusion, the study suggests that the protection of moral rights should be loosened to resolve the conflict between users and authors. To some extent, in the digital age, the author should learn how to coexist with acceptable modifications to work as long as they do not cause significant harm to his honour or reputation.

Keywords:

moral rights, the author’s right, the internet

DOI:

https://doi.org/10.31276/VMOSTJOSSH.64(3).46-54

Classification number

6

Author Biography

Van Anh Le

University of Oxford, Wellington Square, Oxford City, United Kingdom

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Published

2022-12-20

Received 23 June 2022; revised 9 September 2022; accepted 22 September 2022

How to Cite

Van Anh Le. (2022). Moral rights and their position in the digital world. The VMOST Journal of Social Sciences and Humanities, 64(3), 46-54. https://doi.org/10.31276/VMOSTJOSSH.64(3).46-54

Issue

Section

Jurisprudence