title for Moral Rights Cases note

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section heading icon    
moral rights landmarks

This page highlights some landmarks in the emergence of moral rights for visual artists, film makers, other authors and performers. It is under development.

It covers -

It is complemented by the broader chronology of intellectual property developments.

subsection heading icon      precursors

1886 Berne Convention for the Protection of Literary & Industrial Works

1935 Michailides-Nouaros' Le droit moral de l' auteur

1946 Lanham Act in US

1949 US appeals court in Shostakovich v Twentieth Century Fox Film Corp affirms rejection of composers' claimed right to artistic integrity

1953 French court in Soc le Chant de Monde v Twentieth Century Fox case prohibits use of Shostakovich and Prokofiev scores in a US anti-Soviet film

1959 French court finds for Charlie Chaplin in claim that his moral rights were breached through addition of musical accompaniment to his silent film The Kid

1962 French court in Buffet v Fersing case awards damages to Bernard Buffet over disassembly and piecemeal sale of painted refrigerator

subsection heading icon      broadcasting disputes

1976 Gilliam v American Broadcasting Co ('Monty Python' case) in US

1982 Canadian court in Snow v Eaton Center recognises breach of integrity regarding decorative ribbons on sculpted geese

1989 US becomes party to Berne Convention

1991 John Huston's heirs gain substantial damages in France over broadcast of colourised version of The Asphalt Jungle

1992 French court holds theatrical director liable for infringement of right of integrity in staging of Waiting For Godot

1993 singer George Michael granted pre-trial injunction by Court of Appeal in London against release of Bad Boys Megamix

1996 Schott Music v Colossal Records ('Carmina Burana') case in Australia

1996 WIPO Performances & Phonograms Treaty

subsection heading icon      the Australian Moral Rights Act

2000 Copyright Amendment (Moral Rights) Act 2000 in Australia

2002 CleanFlicks v the DGA case in US

2002 Théberge v. Galerie d'Art du Petit Champlain Inc case in Canada

2003 Dastar v Twentieth Century Fox case in US

2003 Benchmark Building Supplies v Mitre 10 case in NZ

2004 French appeal court imposes symbolic fine on publisher of sequel of Les Miserables

2005 Italian court rules that TV Internazionale breached moral rights of US director Fred Zinnemann by recurrently broadcasting colourised version of his 1944 The Seventh Cross

2006 Appeal Court of Barcelona finds in favour of singer Tom Waits over unauthorised adaptation of a Waits song and impersonation of his voice in a television commercial

2006 moral rights for performers in UK under 1988 Copyright, Designs & Patents Act 1988

2006 Stockholm Court of Appeal rules in favour of Sjöman and Eriksson over ad breaks in broadcasts of films

2006 suit by Canadian sculptor Haydn Davies

2006 Miro estate claims moral rights breach by Google

2006 US federal court rules in favour of filmmakers in CleanFlicks case




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