Consumer Law

Amy Adler on moral rights

By Rebecca Tushnet

Amy M. Adler, Against Moral Rights, 97 Cal. Rev. 263 (2008). An excerpt:

This essay seeks to undermine the foundations of moral rights scholarship, law, and theory. My argument is that moral rights laws endanger art in the name of protecting it. Drawing on contemporary art theory and practice, I focus on the moral right of ?integrity,? called ?the heart of the moral rights doctrine.? This right allows an artist to prevent modification and, in some cases, destruction of his art work. As I show, the right of integrity threatens art because it fails to recognize the profound artistic importance of modifying, even destroying, works of art, and of freeing art from the control of the artist. Ultimately, I question the most basic premise of moral rights law: that law should treat visual art as a uniquely prized category that merits exceptions from the normal rules of property and contract.

Full post as published by 43(B)log on March 20, 2009 (boomark / email).