The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act was the Statute of Anne in 1710. For the first time the notion of "copyright" was instituted but already on this time this decision just confirmed a social reality and the raise of importance of authors. After this first law almost nothing changed for authors during two centuries and it is just in 19th century that some improvement in their protection occurred. Today again the authors' rights are late on the reality. The internationalization narrowed peoples and cultures and internet gave the opportunity to exchange information very easily and quickly. In front of these evolutions it is essential today to protect in a better way authors. The sector of culture represents a very high turnover, for example just in the United States the turnover of this sector was last year 537 billiards of dollars. And nowadays it has great difficulties, and firstly the sector music obviously, linked directly with all the piracy that has grown with internet.
[...] This right gives the opportunity to the creator to keep a certain control on his work. Even if he sold it, the new owner is not authorized to do all that he wants with it. For many years the United States did not want to consent this right to artist but with their accession to the Berne Convention they were obliged to sign the Visual Artists Rights Act (VARA) and finally applied this rule. The other important evolution occurred during the last twenty years is the enforcement of the TRIPS and the Berne Convention. [...]
[...] British rights 7 A. European efforts 7 B. Specificities of the British law 8 CONCLUSION 8 Bibliography 9 Introduction The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act was the Statute of Anne in 1710. For the first time the notion of “copyright” was instituted but already on this time this decision just confirmed a social reality and the raise of importance of authors. [...]
[...] This kind of new technologies are very different from the old ones because here they do not contain any information they just connect computers between them, what makes very difficult to struggle with them. The first company to react to these new technologies is MGM which sued Grokster Ltd in 2004. The judgement on the first instance dismissed MGM request. Then all the authors associations (musical, for cinema ) American but also from all around the world joined appeal on the November 11th 2004, the Supreme Court accepted to study the case on December 2004. Its decision has not been taken yet. [...]
[...] This task turned to be very difficult because of the large differences which exist between the Latin and Anglo-Saxon right. That is probably partly the reason why the European Union prefers to promote the consciousness raising than the repression. Anyway we can here quote some European directives. The directive of 2001: inflicted to all the countries the respect of the “droit de suite”, confirms WIPO agreement and obliges countries to adapt this agreement on national legislation before 2002, obliges all the internet suppliers to make all they can for limiting the broadcasting of artistic works on the net, they can be sued if they do not respect this directive. [...]
[...] Notion of moral rights also exist but on the opposite of the Latin rights, they can be sold by the creator. For many years the United States and United Kingdom thought that they can have their own rules, but new conditions of using of the artistic works: internationalization of the market of cultural product and the new technologies of information and communication, mostly the creation of internet obviously, urged them collaborate with other countries. All cultural industries are confronted to the same problems which put in danger their survival; that is why it so important to find new ways to protect artistic work and it will be possible if all kind of cultural industries from all countries come to an agreement. [...]
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