The Moral Right of Integrity: A Freedom of Expression

NEW DIRECTIONS IN COPYRIGHT, Vol. 2, Fiona Macmillan, ed., Edward Elgar, 2006

32 Pages Posted: 11 Oct 2007

See all articles by Kim Treiger-Bar-Am

Kim Treiger-Bar-Am

College of Law and Business; Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law

Abstract

The moral right of integrity allows authors to prevent certain modifications to their artworks. The right is maintained by the author even where the ownership of the copyright in her work has passed out of her hands. An example often used to illustrate the complexities of the right is Marcel Duchamp's painting of a mustache on a replica of Da Vinci's Mona Lisa. The right is generally conceived of as an intellectual property right, and characterized as a right to reputation or a personality right. By contrast, the aim of this chapter is to develop the characterization of the integrity right in UK law as a human right of expression. This chapter will situate the integrity right directly within the doctrine of freedom of expression, and its principle of protection of speakers against distortion of their expression. Two implications of the analysis may be seen. Understood as a freedom of expression, a section 80 claimant would not need to show injury. Moreover, while a copier's defense of freedom of expression to a copyright infringement claim is sometimes viewed as brought from outside the doctrinal framework, with section 80 both the claim and defense may be seen as partaking of the same doctrinal framework, namely principles of freedom of expression.

Keywords: integrity right, moral rights, copyright, expression, free speech

JEL Classification: K11

Suggested Citation

Treiger-Bar-Am, Kim and Treiger-Bar-Am, Kim, The Moral Right of Integrity: A Freedom of Expression. NEW DIRECTIONS IN COPYRIGHT, Vol. 2, Fiona Macmillan, ed., Edward Elgar, 2006, Available at SSRN: https://ssrn.com/abstract=1019946

Kim Treiger-Bar-Am (Contact Author)

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

College of Law and Business ( email )

Faculty of Law
Israel

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