Rights of Privacy-An Analytical Model for the Negative Rights of Attribution

The negative rights of attribution intended for artists by the provisions of the Berne Convention are: (1) the right of an artist to prevent continued attribution of a work of art that has been modified to the detriment of the artist's reputation; (2) the right of an artist to prevent attribution of a work of art not created by the artist; and (3) the right of the artist to remain anonymous or to use a pseudonym in connection with a work of art created by the artist. The right of an artist to prevent continued attribution of a work of art that has been modified is essentially a narrow application of the false light tort. The right of an artist to prevent attribution of a work of art that the artist did not create is essentially a narrow application of the misappropriation of privacy tort. The right of an artist to remain anonymous or to use a pseudonym is also essentially a narrow application of the misappropriation of privacy tort, although these rights have not gained general acceptance.