American Moral Rights and Fixing the Dastar "Gap"

If you adhere to a pure economic incentive view of American copyright law, then it may be a waste of judicial resources to "require[e] that courts adjudicate disputes relating to attribution in cases where attribution offers no market benefits -that is, it may be a waste of time to fix a relatively small problem with no economic import. On the other hand, if you believe that attribution and recognition are quite important to authors regardless of the economic benefits, then-while still respecting the public domain spirit of the Court's decision-the Dastar gap would be an easy thing to fix.