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5 - Of Moral Rights and Legal Transplants

Connecting Laws, Connecting Cultures

from Part I - Across Regimes

Published online by Cambridge University Press:  27 March 2020

Graeme W. Austin
Affiliation:
Victoria University of Wellington
Andrew F. Christie
Affiliation:
Melbourne Law School
Andrew T. Kenyon
Affiliation:
Melbourne Law School
Megan Richardson
Affiliation:
Melbourne Law School
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Summary

Legal transplantation is a common, though contested, method of legal development, connecting sometimes disparate legal cultures. The incorporation, in 2000, of authors’ moral rights into Australian copyright law was one such transplantation. The present chapter discusses the process, asking whether moral rights themselves have been affected by the transplantation, what effect the transplantation has had or might have on Australian copyright law and whether the transplant can be called a success.

Type
Chapter
Information
Across Intellectual Property
Essays in Honour of Sam Ricketson
, pp. 64 - 76
Publisher: Cambridge University Press
Print publication year: 2020

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