The Limitation of the Freedom of Commerce by Intellectual Property Moral Rights

Abstract

By regulating the author’s moral rights, it was certainly wished to emphasize the fact that the entire intellectual property regulatory system has not been set for the “enrichment” of the commerce with new intangible assets or for clarifying the legal status of this category of intangible assets, but rather to protect the authors of intellectual property that are part of the international commerce. Any unclear regulation must be interpreted in favor of the author, as they prevail over the interests of all other interested persons. Any obligation assumed by the author or a contractor thereof, may be restricted, i.e. extended, by claiming that the author’s moral rights are violated or that they are not fully protected. In the intellectual property field, any kind of use of the protected work involving the economic rights, has a close connection with the work’s authorship claiming and, very often, with the work’s integrity compliance or withdrawal right. Any contract concluded between a person acquiring economic rights over an intangible asset, cannot deny or diminish author’s moral rights. Also considering the intertwining of moral rights with economic rights, one part of a contract can invoke the existence of a moral damage as a result of failure to comply with the author’s moral rights.