INEFICIENȚA MECANISMULUI JURIDIC EXISTENT ÎN MATERIA UNOR DREPTURI MORALE ALE AUTORULUI

The study tries to identify, with jurisprudential examples, the situations in which the moral rights
of the author no longer have the desired finality at the time of regulation, being used in this sense
historical perspectives and comparative law perspectives. In a first part it is presented the evolution
of the moral rights from the case law and doctrine to the enactment. The second section analyzes,
from a jurisprudential perspective, the effectiveness of the right to respect the integrity of the work,
concluding that the diversification of the modalities to create works that can be protected by copyright
has exceeded the relevant regulation. A final analysis concerns the situation of exercising the right of
withdrawal in the case of written works.
The conclusions bring proposals to improve the mechanism of functioning of the author’s moral
rights.