Document Type

Article

Publication Title

California Law Review

Abstract

This article opposes the foundations of moral rights scholarship, law and theory and that laws derived from the concept of moral rights endanger art although it claims to protect it. It explains that moral rights refers to the rights of artists to their creation even after their work has already been purchased by a buyer. Moral rights is European in origin and it became part of U.S. law since the enactment of the Visual Artists Rights Act of 1990. The notion of integrity in moral rights allows an artist to prevent the modification and destruction of his art work and this notion fails to recognize the artistic importance of modifying or destroying works of art.

First Page

263

DOI

https://doi.org/10.15779/Z380X3H

Volume

97

Publication Date

2009

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