Moral Rights Protection in the United States of Works Not Covered by VARA

Bloomberg Law Reports
February 2012

In almost all copyright systems in the world today, the moral rights of authors are protected in addition to their economic rights. Moral rights include: the right to integrity, the right to attribution, the right to divulgation, and the subcategories associated with each. In the United States, moral rights as such are not specifically protected in the Copyright Act apart from the Visual Artist Rights Act of 1990, which is limited to protecting visual works. However there are several legal means which do grant protection in the United States analogous to statutory moral rights, including the right to derivative works, the Lanham Act, contract law, and state defamation law.

View Attachment (PDF)