IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

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

Listed author(s):
  • Hansmann, Henry
  • Santilli, Marina
Registered author(s):

    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.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: Access to the online full text or PDF requires a subscription.

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Article provided by University of Chicago Press in its journal Journal of Legal Studies.

    Volume (Year): 26 (1997)
    Issue (Month): 1 (January)
    Pages: 95-143

    in new window

    Handle: RePEc:ucp:jlstud:v:26:y:1997:i:1:p:95-143
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:ucp:jlstud:v:26:y:1997:i:1:p:95-143. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.