|
10 Traditionally, American law has relied on a property base for analysing copyright. But sometimes the property
base is not appropriate. The Curies or Einstein did not make their discoveries for personal benefit. However, the
majority of cases show that the courts are really only willing to allow a property-based inquiry. This is particularly so in
the common law nations where the moral right is accorded less strength than the economic right. The result of La
Cinq v. Huston was that John Huston could waive his moral right, even though such waiver would have
been inoperable under French law. The Cour d'Appel in Paris allowed this on the basis of private international law,
American law, and French public policy, although the lower court had preserved Huston's right.
11 It was held that the ATypI moral code and a doctrine of contractual good faith were ineffective under New
York state law in the 1994 case of Monotype Corp. plc v. International Typeface Corp., and that Monotype
were allowed to manufacture versions of ITC typefaces, despite ITC's investment in their development. The court
interpreted the contract between ITC and Monotype strictly, saying that good faith was never bargained for, and that
only economic rights could be protected.
12 Monotype v. ITC has shown that plaintiffs are at a disadvantage when the work does not fit into
"traditional" categories, even though the effort in their works had been great.
13 It is submitted that recognition of moral rights should take place ahead of an economic analysis. It has worked
in European jurisdictions, and should be adopted in the common law. Bona fide and fair dealing with P's work should
go without saying. This offers type designers an extra avenue of protection, although the argument adopted in Section
A should be of primary concern to the United States' lawmakers and courts.
14 Further, the United States, being a signatory to the Berne Convention, has to protect typeface designs produced
abroad, yet fails to do so for typefaces created in the US. The position must be rectified, and protection offered to
typeface designs created within the United States.
|
Show your support by linking to TypeRight and signing the petition
Full citations for case names available by emailing Jack Yan & Associates.
Please contact JY&A if you would like to place the above on your site.
|