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online
This page considers disagreement about online breaches
of moral rights.
It covers -
introduction
Online breaches of moral rights - through for example
inappropriate juxtaposition or appropriation - have yet
to attract much scholarly attention and not resulted in
a substantial body of case law.
Disagreements are, however, emerging. In April 2006 for
example the family of Spanish artist Joan Miro (1893-1983)
claimed that Google Inc. had breached his rights with
type on its home page that allegedly used elements of
his works.
Google frequently decorates its name on that page with
whimsical characters - we particularly like the charming
bears, which remind us of a former colleague - and type
to commemorate holidays or famous people. On Miro's birthday
it accordingly used type that emulated
the amoeboid figures found in much of his surrealist painting.
The artist's family objected that Google had not sought
permission to use Miro's works. Google responded that
"Yesterday's logo was inspired by his work, but did
not copy any of it", commenting that it was "disappointed"
but had honoured the family's request by removing the
type.
Google denied any wrongdoing - a denial that would almost
certaintly have been endorsed in a US court - and explained
that
"Joan Miro made an extraordinary contribution to
the world with his art and we wanted to pay tribute to
that." A spokesperson for the family indicated that
it was concerned over what it viewed as a violation of
copyright and moral rights.
They
were very upset about it ... A lot of the problems could
have been alleviated if Google had informed the family
first. But I'm not saying the family would have agreed
to it.
An
Australian court might have given the family the same
satisfaction offered to Mrs Orff.
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