The author's right v. copyright : a comparative study of the common law and the civil law jurisdiction

Abstract

This thesis will be discussing on the concept of author's right and copyright. The question which is raised and discussed is, whether the Common Law and the Civil law jurisdictions emphasis on author's right or on copyright. The first chapter will be discussing on the evolution of copyright in the UK (which represents the Common Law jurisdiction), and the Continental countries i.e. France and Germany (which represent the Civil Law jurisdiction). This will be followed by a discussion on the five factors which determine whether a system of law is more towards author's right or on the economic exploitation of a work. The third chapter will be dealing with the concept of moral rights under the UK and the Continental countries. The last chapter will be discussing on the position under the Malaysian Law; with regards to its inclination; either it lays stress on the status of an author or on the economic exploitation of an author's work. The conclusion to this chapter will surmise all of the discussion.