E/C.12/GC/17
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the creators of their scientific, literary and artistic productions and to object to any distortion,
mutilation or other modification of, or other derogatory action in relation to, such productions,
which would be prejudicial to their honour and reputation.14
14.
The Committee stresses the importance of recognizing the value of scientific, literary and
artistic productions as expressions of the personality of their creator, and notes that protection of
moral interests can be found, although to a varying extent, in most States, regardless of the legal
system in force.
“Material interests”
15.
The protection of “material interests” of authors in article 15, paragraph 1 (c), reflects the
close linkage of this provision with the right to own property, as recognized in article 17 of the
Universal Declaration of Human Rights and in regional human rights instruments, as well as
with the right of any worker to adequate remuneration (art. 7 (a)). Unlike other human rights,
the material interests of authors are not directly linked to the personality of the creator, but
contribute to the enjoyment of the right to an adequate standard of living (art. 11, para. 1).
16.
The term of protection of material interests under article 15, paragraph 1 (c), need not
extend over the entire lifespan of an author. Rather, the purpose of enabling authors to enjoy an
adequate standard of living can also be achieved through one-time payments or by vesting an
author, for a limited period of time, with the exclusive right to exploit his scientific, literary or
artistic production.
“Resulting”
17.
The word “resulting” stresses that authors only benefit from the protection of such moral
and material interests which are directly generated by their scientific, literary or artistic
productions.
Conditions for States parties’ compliance with article 15, paragraph 1 (c)
18.
The right to the protection of the moral and material interests of authors contains the
following essential and interrelated elements, the precise application of which will depend on the
economic, social and cultural conditions prevailing in a particular State party:
(a)
Availability. Adequate legislation and regulations, as well as effective
administrative, judicial or other appropriate remedies, for the protection of the moral and
material interests of authors must be available within the jurisdiction of the States parties;
(b)
Accessibility. Administrative, judicial or other appropriate remedies for the
protection of the moral and material interests resulting from scientific, literary or artistic
productions must be accessible to all authors. Accessibility has four overlapping dimensions:
(i)
Physical accessibility: national courts and agencies responsible for the
protection of the moral and material interests resulting from the scientific,
literary or artistic productions of authors must be at the disposal of all
segments of society, including authors with disabilities;