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Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis

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  • Hansmann, Henry
  • Santilli, Marina

Abstract

In recent years the United States has followed other common-law jurisdictions, as well as most of the civil-law jurisdictions of western Europe, in adopting legislation recognizing artists' "moral rights." While there has been extensive debate about that legislation, to date there has been little effort at sustained analysis, from an economic point of view, of the functions that moral rights might perform. This article offers such an analysis, arguing that moral rights doctrine serves, among other to control reputational externalities to the potential benefit, not just of the individual artist, but of other owners of the artist's work and of the public at large. The article also discusses the importance of copyright doctrine in performing a similiar role and explores the merits of supplementing or replacing moral rights doctrine with a broader and more flexible system of display rights for visual artists. Copyright 1997 by the University of Chicago.

Suggested Citation

  • 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.
  • Handle: RePEc:ucp:jlstud:v:26:y:1997:i:1:p:95-143
    DOI: 10.1086/467990
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    Citations

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    Cited by:

    1. Michael Rushton, 1998. "The Moral Rights of Artists: Droit Moral ou Droit PĂ©cuniaire?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 22(1), pages 15-32, March.
    2. 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.
    3. Michael Rushton, 2011. "Artists’ Rights," Chapters, in: Ruth Towse (ed.), A Handbook of Cultural Economics, Second Edition, chapter 8, Edward Elgar Publishing.
    4. Emmanuelle Fauchart & Eric von Hippel, 2008. "Norms-Based Intellectual Property Systems: The Case of French Chefs," Organization Science, INFORMS, vol. 19(2), pages 187-201, April.
    5. 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.
    6. Lissoni, Francesco & Montobbio, Fabio & Zirulia, Lorenzo, 2013. "Inventorship and authorship as attribution rights: An enquiry into the economics of scientific credit," Journal of Economic Behavior & Organization, Elsevier, vol. 95(C), pages 49-69.
    7. Henry Hansmann, "undated". "Royalties for Artists Versus Royalties for Authors and Composers," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1023, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy.
    8. Jason Donaldson & Denis Gromb & Giorgia Piacentino, 2019. "Conflicting Priorities: A Theory of Covenants and Collateral," 2019 Meeting Papers 157, Society for Economic Dynamics.
    9. Ramello Giovanni B., 2005. "Intellectual Property and the Markets of Ideas," Review of Network Economics, De Gruyter, vol. 4(2), pages 1-20, June.
    10. Stefan Bechtold & Christoph Engel, 2017. "The Valuation of Moral Rights: A Field Experiment," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_04, Max Planck Institute for Research on Collective Goods.
    11. Bruno S. Frey, "undated". "Art Fakes - What Fakes? An Economic View," IEW - Working Papers 014, Institute for Empirical Research in Economics - University of Zurich.
    12. Henry Hansmann & Marina Santilli, 2001. "Royalties for Artists versus Royalties for Authors and Composers," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 25(4), pages 259-281, November.

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