RIDA 236 | 04-2013

Doctrine

Making of the concept of authorship in UK copyright law

Nathalie MARTIAL-BRAZ

Code : 236-D2
Keywords :
Pledge, collateral security, film, software, computer program, Security, Pledge, Mortgage, hypothec

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REAL SECURITY RIGHTS AND AUTHORS’ RIGHTS: AN IMPOSSIBLE UNION?

Professor, University of FrancheComté, CRJFC – Associate Researcher, CEDAG

The laws on security rights and authors’ rights meet only by accident and when such a meeting occurs, it has to be acknowledged that it is not, a priori, particularly harmonious. Yet, arguably, national and international means do exist to reconcile these two fields.

1. At first sight, there are no rights more antagonistic than authors’ rights, as highly personal rights at least in the continental European conception which is that of French law, and security rights, as highly economic rights given that they appear to be the strong arm of credit. Yet authors’ rights grant authors not only moral prerogatives but also economic rights which secure them remuneration and are thus fully marketable. Why should it not be accepted then that these rights may also secure authors credit? That logic is widely recognised moreover when the creation requires a substantial investment, like filmmaking or software development. Indeed, it would be inconceivable to make cinematographic works without obtaining all manner of financing which – and this is an obvious fact of credit law – will be granted only in exchange for effective guarantees. The same holds for the development of software which implies sizeable investments at times and requires the research to be funded and thus

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