The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 45
Paragraph
Paragraph text
Violations of the obligation to protect follow from the failure of a State to take all necessary measures to safeguard authors within their jurisdiction from infringements of their moral and material interests by third parties. This category includes such omissions as the failure to enact and/or enforce legislation prohibiting any use of scientific, literary or artistic productions that is incompatible with the right of authors to be recognized as the creator of their productions or that distorts, mutilates or otherwise modifies, or is derogatory towards, such productions in a manner that would be prejudicial to their honour or reputation or that unjustifiably interferes with those material interests that are necessary to enable authors to enjoy an adequate standard of living; and the failure to ensure that third parties adequately compensate authors, including indigenous authors, for any unreasonable prejudice suffered as a consequence of the unauthorized use of their scientific, literary and artistic productions.
Legal status
Non-negotiated soft law
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Equality & Inclusion
Governance & Rule of Law
Social & Cultural Rights
Person(s) affected
Ethnic minorities
Year
2005
Paragraph type
Other
Reference
CESCR General Comment No. 17, The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) (2005), para. 45.