The moral rights of authors and performers: an international and comparative analysis

This book is a comprehensive guide to the development and utilization of authorial moral rights across the key jurisdictions of the English-speaking world and in France and Germany. In recent years, the copyright statutes of the common law countries have been expanded by the introduction of provisions dealing with purely authorial rights - moral rights.
The Moral Rights of Authors and Performers discusses the historical development of the rights in Europe, with particular reference to France and Germany, and shows the growth of moral rights theory and legislative coverage up to the late 1930s. During the 1920s the moral rights of authors became the subject of international protection, particularly through the operation of the Berne Convention for the Protection of Literary and Artistic Works. The book explores the adoption of moral rights into this and other international instruments, explaining the functions that moral rights were intended to perform.
The author gives detailed accounts of the operation of moral rights in France and Germany today, addressing both statutory interpretation and doctrinal issues. The provision of case studies gives an impression of the rich jurisprudence associated with the rights in these countries.
The book also contains a detailed discussion of the versions of moral rights that have become entrenched in Canada, the UK, the US and Australia, with each country considered independently. It deals separately with the introduction of the rights into each country and their operation and interpretation by courts and commentators. Material on common law analogues to the rights is provided, which indicates alternative actions that practitioners might take. Problems of cross-jurisdictional legal proceedings (especially arising from technological transfer of information) are also addressed, with moral rights protection elsewhere in the world summarized in tabular form.

Of personalities and personae: a French victory for film producers and authors

The international medium of film poses many challenges for authors and copyright owners. So do the practices of the advertising industry. Each jurisdiction approaches these challenges differently. In a recent French decision three issues that are of interest in Australia were discussed – the copyright status of a literary or dramatic character, the use of such a persona in character merchandising, and the moral right of film directors to control the exploitation of the persona. This article examines the 2004 decision of the Paris Court of Appeal in the matter of the film “The Fifth Element”. It compares the protection offered to author and copyright owner under French law with the protection offered by Australian legislation and common law.

Ethnocentricity in academic marketing journals: a study of authors, reviewers, editorial boards and editors

Purpose – This paper aims to examine and compare a set of key characteristics of ethnocentricity that influence the policy of academic marketing journals, and hence the provenance, authorship and nature of articles in academic marketing journals.

Design/methodology/approach – The “fundamental” characteristics of three major marketing journals, published in the USA, the UK and New Zealand, were examined for the six-year period from the start of 2000 to the end of 2006. Data were collected from editorials and web homepages. Analysis was conducted of 811 articles, 1,676 authors, three editorial teams and three sets of reviewers

Findings – There is a challenging academic ethnocentricity in the management and implied policy of the three journals. The extent varies, but the inescapable conclusion is that the world-wide research community in marketing is not properly represented by leading journals.

Research limitations/implications – The sample was intentionally small, and unrepresentative of any category except “leading quality”. The findings are intended to add momentum to a debate and point ways forward, not to provide generalisable answers.

Practical implications – The findings suggest that: the editorial boards and reviewing teams should be made more representative geographically; editorships should be organized around the concept of a team of geographically differentiated editors; editorial and review teams should be ethnographically representative of individuals who do research and wish to publish it, particularly beyond the English-speaking world. In general, the world-wide research community in marketing would benefit from less ethnocentricity in academic journals, and these leading examples should strive to reduce it.

Originality/value – The impact of ethnocentricity is underestimated in this context. The issue needs to be discussed, because of paradigmatic influences that it can have on a journal and the profile of its authors, and hence on journal ranking and perceptions of journal quality.

Prominent messages in education and applied linguistic abstracts : how do authors appeal to their prospective readers?

This study investigates the rhetorical structure of abstracts of papers published in Applied Linguistics and Education. It examines how abstract authors in these two fields emphasise the significance of their research, and how they appeal to their prospective readership. Although abstracts in both disciplinary groups are found to display a coordinate textual development they exhibit a utilization of different relational schemata to indicate the functional prominence of textual propositions. In particular, different relational patterns are seen to be employed to fulfil the two primary objectives of an abstract: to provide a synopsis of the accompanying article, and to promote it to relevant research and professional communities. The way authors demonstrate the value of their research and their professional credibility appears to be conditioned by disciplinary writing conventions. It is proposed that relational choices, which result in differences in the accentuation of communicative messages in Applied Linguistics and Education abstracts, depend on the perceived relationship between the author and the discourse community in terms of expectations of prior knowledge.

Is there global inclusion of authors in the five leading advertising journals? A regional comparison 1998-2007

A question that has been raised in academia has to do with whether there is global inclusion of authors in publishing. While this issue has been explored in some areas in business and marketing it has generally not been investigated across 30 years of advertising research activity. This paper seeks to examine the global inclusion of authors in five advertising-focused journals. We found that, while there appears to be an increase in international publishing activity in advertising compared to data extrapolated from past studies, published advertising research still reveals a North American bias/domination. A failure to be globally inclusive may lead to an under-exploration of academic issues and perspectives, as important 'non-US' issues could possibly be ignored.

Application of Swales' model in research papers by non-native authors

This paper reports the investigation of the organisational structure of introductory sections of research papers written by Polish authors in English and Polish. The aim of the study was to test whether in view of cultural differences, reflected in the Anglo-American and Polish intellectual styles, the rhetorical pattern of research papers would vary between the two cultures. The selected texts were analysed in terms of Swales' Creating a Research Space (CARS) model (Swales 1990). On application of the model in the analysis of articles from the English corpus, it was found that it could only be employed in very generic terms. The analysis of the Polish corpus revealed that the Variation between Anglo-American and Polish schematic patterns was too significant to justify the implementation of the same investigative tool.