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The Digitization of Contents in Digital Libraries: Moral Right and Limits
Abstract
The present chapter deals with the challenges faced by moral rights in the digital environment, especially as they pertain to digital libraries. It starts with an introduction to issues concerning the legal framework of moral rights, clarifying their position internationally. Furthermore, specific issues regarding infringements of moral rights are addressed, namely: content digitization, practice of linking, alterations of the work during the digitization process etc. In short, the necessity of the digitization of the library’s content is elucidated and the societal demand of easy and cheap access to knowledge is presented. The author is of the opinion that moral rights, arising out of the conflict of economical interests, are easier to maintain their legal intensity. Furthermore, in the modern information society, moral rights are prone to an inter-disciplinary approach and thus, they gain intensity in the balance of interest between authors and users. More specifically, moral rights have an intricate interrelationship with social, cultural, economic and philosophical aspects as well as with Fundamental and Human Rights.
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