The origin of author's moral rights and the importance of French jurisprudence and doctrine in its recognition

Abstract

The protection of the property of artists' works arises from the progressive recognition to authors of an economic control over their creation. Although the first privileges and, subsequently, the rights attributed to authors have a patrimonial sign, the gradual recovery of the personal link between creator and work gives rise to a series of faculties called “moral” by its relationship with the personality and inner self of the author. Even if the origin of intellectual property is located in the Statute of Queen Anne, moral rights appear much later and mainly through jurisprudence: fundamentally, the 19^th and early 20^th centuries decisions of French courts. This case law was at the time the subject of study and debate, giving strength to a trend of thought that culminated in the recognition of moral copyright in the Berne Convention and, consequently, also in its signatory countries. This paper presents a brief review of the evolution of the authors' personal interests and their progressive emergence and protection, focusing on the influence that not only French jurisprudence, but also its doctrine, had in its legal consecration