| It has become traditional to divide the history of moral rights on a jurisdictional basis, between civil and common law systems. This survey of the historical background and development of moral rights principles reveals that the sources and conceptual underpinnings of copyright law are much closer than is generally realised. Furthermore, the development of moral rights jurisprudence in France is clearly litigation-based and informed by property principles that are more usually associated with common law jurisdictions. By contrast, what moral rights are incompletely recognised in the US have developed from a statutory framework predicated on an incentive-access paradigm, in a process that is more recognisably civiliste in method. However, the increasing drive to harmonise copyright provisions globally will not be without its problems---not least because of the clash of the two cultures of author-centred versus more economically focussed, utilitarian copyright formulations. |
