Reflections on a Gossamer Thread in the World Wide Web: Claims for Protection of the Droit Moral Right of Integrity in Digitally Distributed Works of Authorship

Nielander, Timothy E.

Journal: UC Law SF Communications and Entertainment Journal

Volume: 20

First Page: 59

Year: 1997

Bluebook Citation: 20 HASTINGS COMM. & ENT. L.J. 59 (1997)

Author: Timothy Everett Nielander: all 4 publications


Abstract

The global distribution of digitized materials through the Internet creates new challenges for traditional copyright law. Protection for moral rights continues to be a subject of international contention because of the global and interactive nature of cyberspace. Moral rights contemplate highly personal control over creative expression even after the artist has obtained the economic benefit provided by copyright laws throughout the globe. This Article argues that policies predicated on the free flow of information and of creative works in international trade may diminish the capacity of artists to claim violations of a right of integrity in digitized reproductions of their works based on modifications or particularized uses which are subjectively objectionable.

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