Title A Study on the Moral Rights of Australia with Particular Reference to Architectural Design
Authors Yoon Choon-Sup
Page pp.121-128
ISSN 12269093
Keywords 건축디자인 ; 건축 ; 호주 ; 저작권 ; 저작인격권건축디자인 ; 건축 ; 호주 ; 저작권 ; 저작인격권
Abstract Copyright is divided into two categories, which are economic rights and moral rights. Unlike economic right, moral right is personal right which is an extension of the author's character and personality. Personality is not transferable, which is why the author always retains the moral rights even after the author sells or transfers the copyright to another person. The existence of moral rights is, however, not well known to architects, especially to Korean architects. Since its birth at the revision meeting for the Berne Convention in 1928, moral rights have become a stronghold to protect the personal rights of architects, artists, writers or musicians. European architects, particularly those of France, Italy, Germany, etc. have long been privileged to enjoy the moral rights, while the architects of Commonwealth countries of the United Kingdom (UK) or North America have not. After the enactment of UK's CDPA (Copyright, Designs & Patents Act) in 1988, however, there has been a strong demand of architects in those countries which do not respect the moral rights. Australia is still one of those countries which do not respect it, although she has introduced the moral right provisio