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Moral RightsPrinciples, Practice and New Technology$
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Mira T. Sundara Rajan

Print publication date: 2011

Print ISBN-13: 9780195390315

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780195390315.001.0001

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Moral Rights in the Virtual Age

(p.1) Chapter 1 Introduction
Moral Rights

Mira T. Sundara Rajan

Oxford University Press

This chapter examines the theory and purpose of moral rights and explores moral rights in the digital context. The doctrine of moral rights aims to protect the author from suffering the consequences of moral, intellectual, or spiritual harm inflicted on him through the mistreatment of his work. In the Digital Age, the doctrine of moral rights faces three kinds of challenges. First, copyright law has become the primary form of legal regulation governing new technologies. Second, new technologies and artistic creation can overlap and present conflicting issues. For example, a computer program, itself protected by copyright law as a literary work, is additionally designed to generate a work of art. Third, new technologies have also made it possible for members of the public to intervene in creative works in a new way, making seamless and imperceptible changes.

Keywords:   digital technology, moral interests, Digital Age, copyright law, artistic creation, legal regulation

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