A More Comprehensive Soul: Romantic Conceptions of Authorship and the Copyright Doctrine of Moral Right

CHRISTOPHER AIDE

ABSTRACT

Romantic conceptions of authorship emphasize an author's originality and creative genius, and the bond which exists between an author and his or her work. In the following article the author argues that these conceptions influence the moral right provisions of Canada's recently amended Copyright Act which protect an author's honour, reputation and the integrity of his or her work, and which identify a work with its author. The author begins by tracing the evolution and appeal of Romantic conceptions of authorship. He then examines the influence of these conceptions upon the creation and workings of the moral right doctrine. The author concludes that moral right exists to protect the idea of authorship and, in turn, Romantic theory informs moral right because it is so successful in articulating this idea.

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Citation: (1990) 48(2) U.T. Fac. L. Rev. 211.
Copyright © 1990. University of Toronto Faculty of Law Review.
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