UofG focus on moral rights
Published: 9 May 2017
A recent, international conference hosted by the UofG put the focus on moral rights and drew speakers from around the world.
Professor Mira T. Sundara Rajan of Glasgow Law School recently hosted an innovative conference on Moral Rights and New Technologies: Creativity and Authorship in a Digital World.
The event was held at the University of Glasgow’s Gilbert Scott Conference Suite. The initiative grew out of discussions between Professor Sundara Rajan and members of the United States Copyright Office, which has been leading a study of moral rights and proposed sending its representatives to the UK to exchange perspectives with international experts at a time when the U.S. is exploring policy development in this area.
It is the first time in nearly three decades that U.S. policymakers have turned their attention to moral rights. Speakers included Ms. Kim Isbell of the U.S. Copyright Office, keynote speaker Mr. Justice Arnold of the UK High Court, Mr. G.R. Raghavender, the drafter of India’s latest moral rights amendments (2012), and Mr. Ludovic Julié of the French Ministry of Culture. The gathering also drew a number of prominent artists and musicians. The conference also enjoyed the support of the French Embassy in Washington DC and the participation of the Musée Rodin in Paris.
Art of Listening
Moral rights are an aspect of copyright law that offers legal protection to an author’s non-commercial interests. Foremost among these are the right to be attributed as the creator of one’s own work, and a right to respect for the integrity of the work. Moral rights are included in most copyright laws of the world, though their protection in the United States is limited. They have the dual function of personal rights benefiting the author, and cultural rights that serve the public interest in the preservation of cultural heritage and historical truth.
The Glasgow conference offered a unique wealth of interdisciplinary and international perspectives on law and the arts. The final programme featured more than twenty prominent speakers, representing a dozen countries including India, the United States, and Canada, as well as Western and Eastern Europe, and bringing together government policymakers and lawmakers, leading legal academics, intellectual property practitioners, and representatives of Silicon Valley. In a creative twist, the conference integrated music and audio-visual performances into the programme, including a session on “The Art of Listening” led by eminent sound producer Martha de Francisco. The involvement of musicians and artists brought extraordinary practical insight and hands-on experience to the discussions of intellectual property law, practice, and policy.
The conference opened with a presentation by Ms. Kim Isbell of the United States Copyright Office, on its current programme of work related to moral rights. The keynote speech was subsequently delivered by Mr. Justice Richard Arnold of the UK High Court, who spoke on UK moral rights and the status of pseudonymous authorship under UK and international laws – a topic inspired by the unmasking of author Elena Ferrante in late 2016. The group brought to light the amazing diversity of international approaches to moral rights, notwithstanding the presence of international norms that should help to unify the treatment of this area in different jurisdictions. It then went on to consider the relevance of this area of the law, with its strong orientation towards the protection of human rights and culture, for new technologies such as computer software and artificial intelligence, text and data mining, and 3D printing.
New generation
A special highlight of the programme was the excellent presentations of two alumni of the IP LL.M. programme at Glasgow Law School: Mr. Florian De Rouck and Mr. Johannes Grossekettler. They helped to represent a new generation of excellence in IP law at the event.
The conference group is now working towards an official response to the U.S. Copyright Office study on moral rights, which continues to be open to receiving comments until May 15, 2017. A creatively published book that integrates scholarly and expert papers with the music and arts featured in the conference is ultimately planned.
The conference website is still under construction, and is to include an online archive of materials related to the conference, and to moral rights more generally. The preliminary version can be viewed here: http://professormira.com/moral-rights/
Please check back for further updates!
First published: 9 May 2017
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