Download This PaperThe Current State of Moral Rights Protection for Visual Artists in the United States
35 Pages Posted: 28 May 2020
Date Written: 1992
Abstract
The Visual Artists Rights Act is the United States' first grant of moral rights in federal copyright law. The Act preserves the personal, inalienable rights of the artist in his work, similar to the more extensive protection provided by other countries. Unlike traditional copyright law, which protects transferable economic interests of the copyright owner, moral rights are rooted in the notion that an artist retains a separate, nontransferable, noneconomic interest because the work itself is an extension of his personality. Broadly stated, a moral right is "the right of the creator to create, to present his creation to the public in any desired form or to withhold it, and to demand from everyone respect for his personality as creator and for his works.
Keywords: Visual Artists Rights Act, Copyright, Moral Rights
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Amy L. Landers (Contact Author)
Drexel University Thomas R. Kline School of Law ( email )
3320 Market Street
Philadelphia, PA 19104
United States