The moral right guarantees to the author that its work will
not be deformed, and that its paternity on this one will constantly be
recognized. In French right, the moral rights have the characteristic to be
perpetual and inalienable. Only the author of alive sound, then its heirs after
his death, have the possibility of asserting them. This right is made up of the
right of first disclosure and the right to the respect of the name and the
integrity of work.
The right of first disclosure implies that only the author
can make public his work, and to authorize the exploitation of it. It will thus
have reached there with the moral right, since the digitalization of a work or
its diffusion on Internet will have been carried out without the agreement of
the author.
Right to the respect of the name of the author and quality of
work aim to ensure the paternity of a work its author and to protect it in
his integrity, in order to prevent that it is denatured, modified or
deteriorated. However digitalization facilitates handling and transformations,
that it is of a text, of an image or of a music, which results in to distort
the knowledge of work such as it was created.
An abuse the right of quotation can also cause a denaturation
of work or a diversion compared to its direction first. For example, a
portion of photography within a site of which the subject does not have
anything with the latter in common, would correspond to a mutilation of
photography. It y then reached with the moral right of the author since the use
which is made work does not make it possible to give an account as a whole
initial of it.
In the same way, the infringement of the moral right, via the
quotation, can meet on the network through certain bonds hypertexts. The danger
lies in the possibility of using information taken out of its context, with the
profit of a site without relationship with the precedent, and that without same
as the user does not realize there. On this subject, certain suppliers of
lodging of Web pages make appear a warning authorizing this type of connection
only with the level of the first page (of reception), but prohibiting the bonds
returning to other elements.
· Differences between the French right and the
Anglo-Saxon right
Two designs of the royalty clash : the
Anglo-Saxon design which prevails in Great Britain, with the United States, in
Australia and Zealand News and the European and continental design (and of
French origin) which prevails in France, in Belgium, in Spain, in Portugal, in
Italy and also in Germany, in Austria, in Switzerland and in the Scandinavian
countries.
Royalty Anglo-Saxon, called
« copyright », work compares to goods whose creator is
dispossessed when it yields it, whereas, as we have just shown it, the French
right grants to the author of the inalienable moral rights on the fruit of its
work.
The concept of copyright, near to that of the patent, is
based on principles much more pragmatic than the royalty and stresses the
propagation of work. Here the principal differences which one can raise :
Whereas in France, the right is born from creation, the
Anglo-Saxon countries have a legislation much more formal than ours : the
author profits from rights only as from the moment when it recorded his work
near an organization envisaged to this end. In the United States, the omission
of the deposit and recording do not deprive the author of protection but
failing to conform to it, it is not possible to act as counterfeit.
In France the contracts are strongly framed by the law,
whereas in the Anglo-Saxon countries, and especially in the United States, they
are regulated little.
The criterion of originality, from which is born protection,
is more strict in France than in the United States where work must simply not
be copied and to reveal a minimum of creativity.
While being based on the economic dimension of work and by not
recognizing moral right to an author, the Anglo-Saxon concept of copyright
undoubtedly is adapted better to the diffusion of works on Internet, because it
seems relatively inevitable that this one is not accompanied by modifications
or deteriorations of work.
