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Thursday, 26 February 2004

NO MORAL RIGHTS FOR NON-AUTHORS

LexisNexis’ All England Direct subscription-only service has thrown up a short and sweet copyright and moral rights dispute, Anya v Wu and others (heard on 25 February by Mr Justice Lewison of the Chancery Division). Anya claimed that Wu and others infringed his moral right to be known as the author of two articles on the basis that, while Anya didn’t actually write those articles, they had nonetheless exploited his ideas. Lewison J struck out Anya’s claim: moral rights were there to benefit the author, not to provide credit for anyone providing an intellectual “assist”.

The IPKat understands that moral rights cases are pretty infrequent events. However, though Lewison J has only been an IP judge for a very short time, this is already the second moral rights case he has adjudicated (the other being the “shizzle my nizzle” rap case, Confetti Records v Warner Bros). So far he seems to have handled this sensitive area well.

Theft of ideas here, here and here
Moral rights here
Moral wrongs here

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