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Does Section 80 of the Copyright and Designs Act (1988) prevent the destruction of an artistic work? Ought it to do so?
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Does Section 80 of the Copyright and Designs Act (1988) prevent the destruction of an artistic work? Ought it to do so? (1997 question paper) SUMMARY: I will argue that A. S.80 of the Copyright and Designs Act (CDPA), in its current form does not include a right to prevent the destruction of an artistic work (hereinafter abbreviated to 'RPD') B. Section 80 ought not to include this right. A policy analysis i.e. a weighing up of various interests in this context would seem to suggest that the CDPA is better off without such a right. A. FIRST ISSUE: SECTION 80 OF THE CDPA In order to determine whether the CDPA prevents the destruction of a work, one would have to look into: 1. The language of section 80 2. The Berne Convention -a convention that mandates the introduction of moral rights provisions in the legal regimes of the member states. 1. The Language of Section 80 Section 80...
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