Fordham Intellectual Property, Media & Entertainment Law Journal, Forthcoming
45 Pages Posted: 6 Apr 2011
Date Written: April 4, 2011
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 moral rights models advocated in modern discourse effectively fill the gaps between authors’ stated interests and the protections currently available under copyright law. The Author also questions the extent to which authors’ rights should be elevated above others’ rights to enjoy and adapt their works.
Keywords: moral rights, copyright law, copyright protections, supernatural fiction authors
JEL Classification: K19, K39
Suggested Citation: Suggested Citation
Lipton, Jacqueline D., Moral Rights and Supernatural Fiction: Authorial Dignity and the New Moral Rights Agendas (April 4, 2011). Fordham Intellectual Property, Media & Entertainment Law Journal, Forthcoming; Case Legal Studies Research Paper No. 2011-6. Available at SSRN: https://ssrn.com/abstract=1802788