“Dismembering” Author’s Rights: From Theory to Theory by Way of Practice
Type de matériel :
TexteLangue : français Détails de publication : 2015.
Sujet(s) : Ressources en ligne : Abrégé : From a theoretical perspective, the French legal structure authorizes “contractual dismemberments” of an author’s rights into an almost unlimited number. This poses considerable problems from a practical perspective. Everything takes place as if the author’s right could be subdivided, or multiplied, depending on the modes of use and even between simultaneous owners. It is a blow to legal certainty. It is currently very difficult to give a coherent theoretical explanation of this phenomenon that serves as a framework and a limit for existing practices. Yet it seems necessary.
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From a theoretical perspective, the French legal structure authorizes “contractual dismemberments” of an author’s rights into an almost unlimited number. This poses considerable problems from a practical perspective. Everything takes place as if the author’s right could be subdivided, or multiplied, depending on the modes of use and even between simultaneous owners. It is a blow to legal certainty. It is currently very difficult to give a coherent theoretical explanation of this phenomenon that serves as a framework and a limit for existing practices. Yet it seems necessary.
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