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date: 20 August 2019

Moral rights of artlocked

  • Roberta Rosenthal Kwall

Extract

Legal doctrine concerning authors’ rights that protects a creator’s personal, as opposed to economic, interests. These protections include the creator’s right to appropriate attribution and the right to have the integrity of one’s work properly maintained (see also Art legislation).

The law governing authors’ rights in the USA reflects an incomplete understanding of the motivations for human artistry. Copyright law, the body of law governing authors’ rights, rewards economic incentives almost exclusively. From the beginning, American copyright law has been designed to calibrate the ideal level of economic incentive to promote creativity. With the exception of a narrow form of protection for certain types of visual art, copyright law in America does not provide authors with legal protection such as the right to have their works attributed to them, or the right to have their works maintained and presented in a manner consistent with their artistic vision. These rights are known, respectively, as the right of attribution and the right of integrity and they are part of the larger doctrine of moral rights law....

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