La contractualisation du droit moral de l'auteur

Abstract : The work is the reflection of the personality of the author. From this, nothing may be legitimately dissociated or changed from the spirit of the original. To this end article L. 121-1 of the Code of intellectual property shews in its third paragraph that the moral right of the author of a work of the intellect is inalienable, in that contractualisation would seem to be excluded. All the same, the study of contractual practises shows, in reality, that the right of authorship as well as the rights in respect of the work, both of these constituant prerogatives, are often the subject of contract. Therefore one may deduce that it may be seen as a contractualisation of the moral right. Often this only operates in an indirect manner, as in a surrender of these rights of the author as in, perhaps, the sale of the work ; or by application of the common rights of contract.
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Hélène Raizon. La contractualisation du droit moral de l'auteur. Droit. Université d'Avignon, 2014. Français. ⟨NNT : 2014AVIG2041⟩. ⟨tel-01205616⟩

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