(I)Morality of moral rights of the author. Making of pornographic works (I) Cover Image
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(I)Morality of moral rights of the author. Making of pornographic works (I)

Author(s): Poenaru Lucian
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: Copyright; pornography; public morality; Law no. 196/2003; copyrightable work.

Summary/Abstract: Is copyright granted to all work irrespective of their content? Can the law withhold copyright protection for pornographic work if such work (is consider) to affect the public morality? This article focuses on the immaterial content of the rights granted to the creators of a work according to the Romanian copyright law and tries to imagine the consequences for the creation of works that can be, at some time, destructive to the public morality. This study therefore analysis what the Romanian copyright law considers to be copyrightable in order to further catch a glimpse on the contours of copyrightable pornography. Hence, the Romanian copyright law protects all work, irrespective of its value, destination or the way it was created. There is nothing in the Romanian legislation prohibiting the creation of such work and the protection by copyright. Even though the pornography is duly accommodated in order to create the comfort of public morality protection, such accommodation does not impede authors to create original obscene works protectable by copyright. It was Mitchell Brothers Film Group v. Cinema Adult Theater back in 1979 that triggered the protection of pornographic work by copyright, showing that, what can be adjudged obscene by the standards of one generation, can even be later seen as of a great merit.

  • Issue Year: 2013
  • Issue No: 01
  • Page Range: 83-95
  • Page Count: 13
  • Language: Romanian