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With Love and Kisses: Nothing Lasts Forever: An Examination of the Social and Artistic Antiquation of Moral Rights

Published online by Cambridge University Press:  18 October 2016

Jessica Lewis
Jessica Lewis*
Affiliation:
Bennett Jones LLP; Email: [email protected]
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Abstract:

This article examines the social and artistic antiquation of moral rights law. Moral rights law developed, and was implemented, under the heavy influence of the French preference to put the rights of the author at the center of intellectual property protection (with Victor Hugo leading this charge). However, as artistic practice evolves in a continually rapid fashion, it is becoming increasingly clear that moral rights are unable to properly accord with modern art forms. An examination of the social construction of authorship, the emergence of unique contemporary art forms, and the role of technology as a catalyst to intellectual property law, reveals that the Western world’s legal moral rights scheme cannot survive its current form. Moral rights’ endurance hinges on its ability to reconcile with a social and artistic climate alien to its origins. Artistic expression does not exist in a vacuum and is inextricably linked to, and reflective of, the social climate it is born out of. As society evolves and shifts, so too does its art and so must the law.

Type
Research Article
Information
International Journal of Cultural Property , Volume 23 , Issue 3 , August 2016 , pp. 267 - 294
Copyright
Copyright © International Cultural Property Society 2016 

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References

REFERENCES

Adler, Amy. 2009. “Against Moral Rights.” California Law Review 97, no. 1: 263–300.Google Scholar
Allan, Derek. 2009. Art and the Human Adventure: Andre Malraux’s Theory of Art. New York: Rodopi.CrossRefGoogle Scholar
Badenhausen, Richard. 2004. T.S. Eliot and the Art of Collaboration. Cambridge: Cambridge University Press.Google Scholar
Barrie, George. 1893. The Novels, Complete and Unabridged of Victor Hugo: Les miserables. Philadelphia: George Barrie & Son.Google Scholar
Benkler, Yochai. 2002. “Coase’s Penguin, or, Linux and ‘The Nature of the Firm.’” Yale Law Journal 112, no. 3: 369–446.Google Scholar
Davies, Robertson. 1985. What’s Bred in the Bone. New York: Penguin.Google Scholar
Dolgoff, Sam, ed. 1972. Bakunin on Anarchy. New York: A.A. Knopf.Google Scholar
Ensen, Albert. 1975–76. “Why Do We Care About Art?” Hastings Law Journal 27, no. 5: 951–72.Google Scholar
Frye, Northop. 2006. Anatomy of Criticism: Four Essays. Toronto: University of Toronto Press.Google Scholar
Foucault, Michel. 1984. “What Is an Author?” In The Foucault Reader, edited by Rainbow, Paul, 101–20. New York: Pantheon Books.Google Scholar
Gamboni, Dario. 1997. The Destruction of Art: Iconoclasm and Vandalism since the French Revolution. London: Reaktion Books.Google Scholar
Jaszi, Peter. 1991. “Toward a Theory of Copyright: The Metamorphoses of ‘Authorship.’” Duke Law Journal 40, no. 2: 455–502.Google Scholar
Joyce, Craig. 2009–10. “Review: L. Ray Patterson: Copyright (and Its Master) in Historical Perspective.” Houston Law Review 46, no. 2: xv–xxiv.Google Scholar
Lange, David. 1992. “At Play in the Fields of the Word: Copyright and the Construction of Authorship in the Post-Literate Millennium.” Law and Contemporary Problems 55, no. 2: 139–51.Google Scholar
Litman, Jessica. 1990. “The Public Domain.” Emory Law Journal 39, no. 4: 965–1023.Google Scholar
Liu, Alan. 2004. The Laws of Cool: Knowledge Work and the Culture of Information. Chicago: University of Chicago Press.CrossRefGoogle Scholar
Merryman, John Henry. 2009. Thinking about the Elgin Marbles: Critical Essays on Cultural Property, Art and Law. Alphen aan den Rijn, Netherlands: Kluwer Law International.Google Scholar
Merryman, John Henry, Elsen, Albert E., and Urice, Stephen K., eds. 2007. Law, Ethics and the Visual Arts. 5th ed. London: Kluwer Law International.Google Scholar
Palahniuk, Chuck. 2005. Fight Club: A Novel. New York: W.W. Norton.Google Scholar
Palmer, Tom G. 1989. “Intellectual Property: A Non-Posnerian Law and Economics Approach.” Hamline Law Review 12, no. 2: 261–304.Google Scholar
Parker, Tasha L. 2009. Intertextuality and Dialogism in Street Art: D*Face, Swoon, Banksy. MA thesis, Howard University [unpublished].Google Scholar
Patterson, L. Ray. 1968. Copyright in Historical Perspective. Nashville: Vanderbilt University Press.Google Scholar
Rhyne, Charles S. 2000. “Changing Approaches to the Conservation of Northwest Coast Totem Poles.” Paper presented at the 30th International Congress of the History of Art, London, 3–8 September.Google Scholar
Ricketson, Sam. 1987. The Berne Convention for the Protection of Literary and Artistic Works: 1886–1986. London: Eastern Press.Google Scholar
Rigamonti, Cyrill P. 2007. “The Conceptual Transformation of Moral Rights.” American Journal of Comparative Law 55, no. 1: 67–122.Google Scholar
Rose, Mark. 1993. Authors and Owners: The Invention of Copyright. London: Harvard University Press.Google Scholar
Sax, Joshua L. 2001. Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures. Ann Arbor: University of Michigan Press.Google Scholar
Schiller, Friedrich. 1910. Literary and Philosophical Essays: French, German and Italian, with Introductions and Notes. New York: Collier.Google Scholar
Solberg, Thorvald. 1908. Report of the Delegate of the United States to the International Conference for the Revision of the Berne Copyright Convention, Held at Berlin, Germany, October 14 to November 14, 1908. Washington, DC: Library of Congress.Google Scholar
Strahilevitz, Lior Jacob. 2005. “The Right to Destroy.” Yale Law Journal 114, no. 4: 781–854.Google Scholar
Vaidhyanathan, Siva. 2001. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York University Press.Google Scholar
Vaver, David. 1997. Intellectual Property Law: Copyright, Patents, Trade-Marks. Concord: Irwin Law.Google Scholar
Wilkinson, Margaret Ann, and Gerolami, Natasha. 2009. “The Author as Agent of Information Policy: The Relationship between Economic and Moral Rights in Copyright.” Government Information Quarterly 26, no. 2: 321–32.Google Scholar
Young, James E. 1992. “The Counter-Monument: Memory against Itself in Germany Today.” Critical Inquiry 18, no. 2: 267–96.Google Scholar
Zervos, Christian. 1935. Conversations avec Picasso. Translated by Adler, Amy. Paris: Editions Cahiers d’Art.Google Scholar