Analogies in IP: Moral Rights

1 Pages Posted: 14 Mar 2019 Last revised: 16 Aug 2019

See all articles by David A. Simon

David A. Simon

University of Kansas School of Law; Hanken School of Economics; University of Cambridge, Faculty of Law ; Harvard Law School

Date Written: March 1, 2019

Abstract

This Article critically examines the analogies scholars use to explain the special relation between the author and her work that copyright law protects under the doctrine of moral rights. The goal of this Article is to determine “when to drop the analogy and get on with developing the” content of the relation between the author and the work. Upon examination, that moment approaches rather quickly: none of these analogies provide any helpful framework for understanding the purported relation. At best, these analogies are first attempts at describing the relation between author and her work. At worst, they are misleading rhetorical devices used to gain support for moral rights. So I assume that analogies are valuable as starting points for thinking about the relation between the author and her work, rather than explaining the nature of the relation. Even when viewed this way, however, the analogies raise more questions than they purport to answer. Because the analogies discussed do not explain the author-work relation, scholars must look elsewhere for arguments to support moral rights.

Keywords: intellectual property, copyright, moral rights, philosophy

Suggested Citation

Simon, David A., Analogies in IP: Moral Rights (March 1, 2019). 21 Yale Journal of Law & Technology __ (2019 Forthcoming ); University of Cambridge Faculty of Law Research Paper No. 12/2019. Available at SSRN: https://ssrn.com/abstract=3335968

David A. Simon (Contact Author)

University of Kansas School of Law ( email )

1535 W 15th Street
Room 504
Lawrence, KS 66045
United States

Hanken School of Economics ( email )

PB 287
Helsinki, Vaasa 65101
Finland

University of Cambridge, Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Harvard Law School ( email )

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