Moral Rights and Supernatural Fiction: Authorial Dignity and the New Moral Rights Agendas

38 Pages Posted: 13 Aug 2010

See all articles by Jacqueline D. Lipton

Jacqueline D. Lipton

University of Pittsburgh - School of Law

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Date Written: August 12, 2010

Abstract

In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The author questions whether the kinds of moral rights models being advocated in modern discourse effectively fill the gaps between authors’ stated interests in their works and the protections currently available under copyright law. The author also questions the extent to which authors’ rights should be elevated against others’ rights to enjoy and adapt their works.

Keywords: Moral Rights, Copyright, Constitutional Law, Right of Attribution, Author’s Rights, Supernatural Fiction, Web 2.0, Blog, Right of Integrity, Cyberlaw

JEL Classification: K11, K23, K49

Suggested Citation

Lipton, Jacqueline Deborah, Moral Rights and Supernatural Fiction: Authorial Dignity and the New Moral Rights Agendas (August 12, 2010). Fordham Intellectual Property, Media & Entertainment Law Journal, December 2010, Case Legal Studies Research Paper No. 2010-27, Available at SSRN: https://ssrn.com/abstract=1657959

Jacqueline Deborah Lipton (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-383-3207 (Phone)

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