A Theory in Flux

Abstract

This chapter examines the spread of the doctrine of moral rights and the different developing jurisdictions in common law countries. It also discusses moral rights in Japan and in post-socialist countries such as Russia. In their original form, moral rights were an individual right of the author. However, moral rights in the common law countries show relaxation of the theory in various ways. Canada shows an extreme insistence on the separation of economic and moral rights. In America, lawyers are exploring the possibility of protecting moral rights through tort law. Common law countries have also considered the applicability of practical formalities to the enjoyment of moral rights. The special case of Japan generates new principles in its own right: a moral right for companies and restoration of the status quo as a principle guiding compensation.