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The Soul of CreativityForging a Moral Rights Law for the United States$
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Roberta Rosenthal Kwall

Print publication date: 2009

Print ISBN-13: 9780804756433

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756433.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 20 September 2021

The Current Legal Framework

The Current Legal Framework

Chapter:
(p.23) Chapter 3 The Current Legal Framework
Source:
The Soul of Creativity
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804756433.003.0003

This chapter discusses the legal structure governing authors' rights in the United States. It first traces the philosophical foundations of American copyright law and their relationship to the relevant copyright doctrines. Specifically, it analyzes the traditional economic incentive paradigm and its impact on copyright law. It then provides an overview of moral rights, trademark and unfair competition, right of publicity, and other relevant common law doctrines. The chapter demonstrates the overall inadequacy of the current intellectual property legal framework with respect to safeguarding textual integrity.

Keywords:   authors' rights, United States, American copyright law, economic incentive, moral rights, trademark, unfair competition, right of publicity, intellectual property, textual integrity

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