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Succession in Copyright
Reflections on Competition and International Private Law
Constantine N. Christodoulou
DrDr Professor of Athens School of Law
Abstract:
The book deals with inconsistencies between the succession law and the law of
copyright. The latter appears to be paternalistic, since it seeks to protect the interests of the
holder of the copyright. On the other hand, the Lawof the Successions, apparentlymore liberal,
focuses on the real will of the testator, no matter if it harms the (successor of) the holder of
the copyright or not. Furthermore, after the death of the author, the moral right is been trans-
formed into duty. It is argued here that, accurately speaking, it is about a duty in favor not of
the author himself, but of the constitutionally provided social interest in enjoying (and respect-
ing) the author’s work in the perspective of National (or world’s Global) Cultural Inheritance.
Finally, there is controversial relation between the EU- Regulation on (the international private
law of) Successions (650/12) and the EU- Regulation on (the international private law of) on
non-contractual liability (Rome II), particularly in the field of the concurrence of claims against
the possessor of the inheritance; in this respect, however, it is suggested to solve the problem
through the implementation of the Bern Convention on Copyright.
ISBN 978-960-562-904-5
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