Wednesday 27 February 2013

Where Has the "Author" Gone in Copyright? A call for readers' views

"Where has the 'author' gone in copyright?", Neil Wilkof asked in this post on the IPKat weblog last Friday. Having received a hatful of emails in response together with some powerful comments from readers, Neil has been persuaded to write a follow-up -- but he has suggested that, before he does, it might be worth drawing his original post to readers of the 1709 Blog so that they can add their tuppence-worth.

If you'd like to let Neil know what you think, he'd certainly be grateful.


  1. I think that Neil has already gotten an earful - or eyeful, or whatever. The "author" is and always as been peripheral to this discussion. That is regrettable but what are we able to do about it any time soon?

    Perhaps the doctrine of exhaustion is beginning to be applicable in this instance.

  2. One error often made is to see the origins of 'Continental' (especially french) copyright as directed towards the protection of authors rights. This was not the case - a dichotomy existed by a property right view and 'enlightenment' or 'users rights' view, which was never really resolved.

    Moreover, moral rights were only included in legislation in the 20th Century - prior to that it was judicial interpretation / intervention provided moral rights in France...