The Soul of Creativity: Should Intellectual Property Law Protect the Integrity of a Creator's Work - International Norms

Roberta Rosenthal Kwall, THE SOUL OF CREATIVITY: FORGING A MORAL RIGHTS LAW FOR THE UNITED STATES Stanford University Press, 2009

The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 09-008

29 Pages Posted: 30 Jul 2008 Last revised: 24 May 2012

Roberta Rosenthal Kwall

DePaul University - College of Law

Abstract

This Chapter explores in general terms the treatment accorded authors in foreign jurisdictions. In contrast to the United States, many countries maintain authors' rights protections that enable authors to safeguard the integrity of their texts far more readily than authors in this country. Thus, the United States is out of step with global norms by not recognizing more substantial authors' rights. Moreover, the Internet environment makes the United States' deficiency particularly problematic because violations of textual integrity can occur with unprecedented ease, and the results can be disseminated to countless recipients with the mere press of a key. Yet, these differences cannot be so easily remedied because certain cultural and legal differences preclude the wholesale adoption of another country's approach absent careful consideration of its fit into our existing legal framework.

Keywords: moral rights, droit morale, international law, right of attribution, right of integrity, civil law

Suggested Citation

Kwall, Roberta Rosenthal, The Soul of Creativity: Should Intellectual Property Law Protect the Integrity of a Creator's Work - International Norms. Roberta Rosenthal Kwall, THE SOUL OF CREATIVITY: FORGING A MORAL RIGHTS LAW FOR THE UNITED STATES Stanford University Press, 2009; The DePaul University College of Law, Technology, Law & Culture Research Series Paper No. 09-008. Available at SSRN: https://ssrn.com/abstract=1187102

Roberta Rosenthal Kwall (Contact Author)

DePaul University - College of Law ( email )

Center for Intellectual Property Law & Information
25 East Jackson Blvd.
Chicago, IL 60604-2287
United States
312-362-8131 (Phone)
312-362-5448 (Fax)

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