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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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Suggested Citation

  • Melissa Boyle & Stacy Nazzaro & Debra O’Connor, 2010. "Moral rights protection for the visual arts," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 34(1), pages 27-44, February.
    • Handle: RePEc:kap:jculte:v:34:y:2010:i:1:p:27-44
    DOI: 10.1007/s10824-009-9113-3
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    References listed on IDEAS

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    1. Michael Rushton, 2001. "The Law and Economics of Artists' Inalienable Rights," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 25(4), pages 243-257, November.
    2. Joanna Lahey, 2008. "State Age Protection Laws and the Age Discrimination in Employment Act," Journal of Law and Economics, University of Chicago Press, vol. 51(3), pages 433-460, August.
    3. Hansmann, Henry & Santilli, Marina, 1997. "Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 95-143, January.
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    5. Michael Rushton, 1998. "The Moral Rights of Artists: Droit Moral ou Droit Pécuniaire?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 22(1), pages 15-32, March.
    6. Daron Acemoglu & Joshua D. Angrist, 2001. "Consequences of Employment Protection? The Case of the Americans with Disabilities Act," Journal of Political Economy, University of Chicago Press, vol. 109(5), pages 915-957, October.
    7. Victor Ginsburgh & David Throsby, 2006. "Handbook of the economics of art and culture," ULB Institutional Repository 2013/1673, ULB -- Universite Libre de Bruxelles.
    8. Gruber, Jonathan, 1994. "The Incidence of Mandated Maternity Benefits," American Economic Review, American Economic Association, vol. 84(3), pages 622-641, June.
    9. Landes, William M. & Levine, Daniel B., 2006. "The Economic Analysis of Art Law," Handbook of the Economics of Art and Culture, in: V.A. Ginsburgh & D. Throsby (ed.), Handbook of the Economics of Art and Culture, edition 1, volume 1, chapter 7, pages 211-251, Elsevier.
    10. William Landes, 2001. "What Has the Visual Artist's Rights Act of 1990 Accomplished?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 25(4), pages 283-306, November.
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    Cited by:

    1. Ruth Towse, 2010. "Creativity, Copyright and the Creative Industries Paradigm," Kyklos, Wiley Blackwell, vol. 63(3), pages 461-478, August.

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    More about this item

    Keywords

    Copyright; Moral rights; Visual Artists Rights Act of 1990 (VARA); Z11;
    All these keywords.

    JEL classification:

    • Z11 - Other Special Topics - - Cultural Economics - - - Economics of the Arts and Literature

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