The author's moral right of withdrawal and its reasonable restriction or contractual waive

• Published date: 01 November 2023
• Author: Ingrida Veiksa
• Date: 01 November 2023
• DOI: http://doi.org/10.1111/jwip.12284

Received: 24 April 2023

|

Accepted: 29 April 2023

DOI: 10.1111/jwip.12284

NOTE

The author's moral right of withdrawal and its

reasonable restriction or contractual waive

Ingrida Veiksa

Department of Law, Turiba University, Riga,

Latvia

Correspondence

Ingrida Veiksa, Department of Law, Turiba

University, Graudu St 68, Riga LV‐1058,

Latvia.

Email: ingrida.veiksa@turiba.lv

Abstract

Copyright protects original works of authorship by granting

the author economic rights, which give the author an

exclusive right of economic exploitation, and moral rights,

which protect noneconomic interests of the author. Moral

rights are not considered property, but an aspect of the

author's personality. The aim of this study is to find a

solution how to include one of the author's moral rights—

the right of withdrawal—in the national legal acts, so that it

meets the interests of both the author himself and the user

of the work. The research question is: how much should it

be necessary to limit the right of withdrawal so that neither

the transferee of the economic rights nor other coauthors

of the work suffer from its excessive use? To find an

answer to the research question, international and national

legal norms of various countries were studied, the materials

of international conferences were analyzed, as well as the

information available on the Internet about the origin, use,

and development of moral rights were taken into account.

There is a wide diversity of opinion on the application of

right of withdrawal, as well as great differences in the laws

of individual countries. Although the laws of Common Law

countries include mandatory moral rights (according to the

Berne Convention), the right of withdrawal in its classical

form is not provided for in any of the analyzed countries. In

Civil Law countries are different attitudes to withdrawal

rights. Some Civil Law countries have and some have not

included these rights in national copyright law. The right of

J World Intellect Prop. 2023;26:509–517. wileyonlinelibrary.com/journal/jwip © 2023 John Wiley & Sons Ltd.

|

509