Friday, February 15, 2008

"More Than a Feelling" about Less Than Adequate Moral Rights in the USA

Here's an example of why the USA needs moral rights in its copyright law. According to CTV:

The chief songwriter and founder of the band Boston has more than a feeling that he's being ripped off by Mike Huckabee.

In a letter to the Republican presidential hopeful, Tom Scholz complains that Huckabee is using his 1970s smash hit song "More Than a Feeling" without his permission. A former member of the band, Barry Goudreau, has appeared with Huckabee at campaign events, and they have played the song with Huckabee's band, Capitol Offense.

Canadian law has real moral rights protection and prevents a work from being " used in association with a product, service, cause or institution" without permission. See s. 28.2 of the Canadian Copyright Act.

Maybe somebody should put the USA on a priority watch list. It's lack of adequate moral right protection puts it out of compliance with the Berne Convention, although it cleverly managed to make that a non-issue for dispute purposes in TRIPS.

And that's not the only reason. I'll get around to others.


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