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Phil C. W. Chan, Moral rights in university students' academic works, Journal of Intellectual Property Law & Practice, Volume 2, Issue 3, MARCH 2007, Pages 174–186, https://doi.org/10.1093/jiplp/jpl240
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Abstract
In an earlier article (see JIPLP, September 2006; 1: 664–674), I discussed the validity and enforceability of intellectual property policies adopted by various universities in the United Kingdom, Hong Kong, Australia, and the United States that assert copyright in academic works produced by their students.
Adopting the same comparative approach, this article will address another, and no less important, aspect of copyright law that inheres in university students' academic works – moral rights. Part I of this article analyses the nature and scope of university students' moral rights in their academic works. Part II examines whether the defence of fair dealing (fair use in the United States) may be applicable to moral rights infringement. Part III, then, discusses whether a university student may sue for breach of confidence or violation of his privacy in the event that his academic work has, without his consent, been distributed or disseminated to an unrelated person.
