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

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