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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: 22 September 2021

Human Rights Laws and Authorship Norms

Human Rights Laws and Authorship Norms

(p.133) Chapter 9 Human Rights Laws and Authorship Norms
The Soul of Creativity
Stanford University Press

This chapter examines a relatively uncharted area within the study of American intellectual property law—the role of human rights and authorship norms. The history of the International Bill of Human Rights demonstrates that although there may not have been a universal consensus as to whether moral rights are human rights, there was a significant recognition that these interests are deemed worthy of protection in a human rights framework. Thus, rather than focusing on whether moral rights are within the scope of human rights, the better question is whether the widespread recognition of moral rights means they should be considered as “authorship norms.” The chapter ultimately calls for a broader spectrum of theoretical justifications for copyright law than the utilitarian framework typically invoked to justify copyright protections. A more fluid view of copyright generally allows for the incorporation of enhanced moral rights into our legal system.

Keywords:   American intellectual property law, human rights, authorship norms, moral rights, copyright law, copyright protection

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