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Moral rights protection for the visual arts

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  • Melissa Boyle

    ()

  • Stacy Nazzaro

    ()

  • Debra O’Connor

    ()

Abstract

Beginning in 1979, certain states extended extra copyright protection, known as "moral rights" protection, to visual artists. Moral rights protection, which was incorporated into U.S. copyright law in 1990, ensures that works cannot be altered in a manner that would negatively impact the reputation of the artist. Using difference-in-differences regression strategies, we compare artists and non-artists in states with moral rights laws to those in states without these laws, before and after the laws are enacted. This enables us to test the impact of the laws on the behavior of artists, consumers, and policy makers. Our analysis reveals that artists’ incomes fall by over $4000 per year as a result of moral rights legislation, but we find no impact of the laws on artists’ choices of residence or on state-level public spending on the arts.

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File URL: http://hdl.handle.net/10.1007/s10824-009-9113-3
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Bibliographic Info

Article provided by Springer in its journal Journal of Cultural Economics.

Volume (Year): 34 (2010)
Issue (Month): 1 (February)
Pages: 27-44

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Handle: RePEc:kap:jculte:v:34:y:2010:i:1:p:27-44

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Web page: http://www.springerlink.com/link.asp?id=100284

Related research

Keywords: Copyright; Moral rights; Visual Artists Rights Act of 1990 (VARA); Z11;

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References

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  1. Michael Rushton, 1998. "The Moral Rights of Artists: Droit Moral ou Droit Pécuniaire?," Journal of Cultural Economics, Springer, vol. 22(1), pages 15-32, March.
  2. Gruber, Jonathan, 1994. "The Incidence of Mandated Maternity Benefits," American Economic Review, American Economic Association, vol. 84(3), pages 622-41, June.
  3. Joanna Lahey, 2006. "State Age Protection Laws and the Age Discrimination in Employment Act," NBER Working Papers 12048, National Bureau of Economic Research, Inc.
  4. Daron Acemoglu & Joshua Angrist, 1998. "Consequences of Employment Protection? The Case of the Americans with Disabilities Act," Working papers 98-13, Massachusetts Institute of Technology (MIT), Department of Economics.
  5. Victor Ginsburgh & David Throsby, 2006. "Handbook of the Eonomics of Art and Culture," ULB Institutional Repository 2013/152412, ULB -- Universite Libre de Bruxelles.
  6. Thomas DeLeire, 2000. "The Wage and Employment Effects of the Americans with Disabilities Act," Journal of Human Resources, University of Wisconsin Press, vol. 35(4), pages 693-715.
  7. Michael Rushton, 2001. "The Law and Economics of Artists' Inalienable Rights," Journal of Cultural Economics, Springer, vol. 25(4), pages 243-257, November.
  8. Landes, William M. & Levine, Daniel B., 2006. "The Economic Analysis of Art Law," Handbook of the Economics of Art and Culture, Elsevier.
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