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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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Ownership of the Author's Message and the Public Domain

Ownership of the Author's Message and the Public Domain

Chapter:
(p.53) Chapter 5 Ownership of the Author's Message and the Public Domain
Source:
The Soul of Creativity
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804756433.003.0005

This chapter explores the United States' historical concern for the preservation of the public domain and its impact on laws regarding textual integrity. It first addresses why enhanced moral rights protection fosters the objectives of the Copyright Clause. It also discusses the problem confronting authors in safeguarding the integrity of their messages in the face of the strong public domain tradition emphasizing public access and use of information. The chapter further illustrates the consistency between the type of moral rights protection advocated by the author and several current free speech and public domain theories proposed by legal scholars.

Keywords:   United States, public domain, textual integrity, moral rights protection, Copyright Clause, public access, information access, free speech

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