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In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Büchel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is "created" under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents it to the public. This standard is more consistent with the history of moral rights. Additionally, public access is necessary to justify a treatment of art...
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NOTE CONTENTS INTRODUCTION I. A BRIEF MORAL RIGHTS PRIMER A. The Berne Convention and the Visual Artists Rights Act of 1990 B. Scholarly Reactions to ...
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Around the world, copyright law tends to be based on either natural law or utilitarian principles or, in some countries, a combination thereof. The Eu...
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In brief - Building owners need to consult original architects if considering renovating, adjusting or demolishing
The practical effect of the moral...
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BRUSSELS, January 22, 2013 /PRNewswire/ --
A research team comprising of academics, political analysts, human rights activists, journalists and representatives of minority groups presented a study in Brussels Monday that seriously questions human rights violations in Germany, concluding that the country risks eroding its moral authority if it does not do more to protect fundamental rights within its own borders.
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INTRODUCTION I. REHNQUIST--THE YOUNG POLITICAL PHILOSOPHER A. Looking for the Moral Basis of Rights B. Pragmatism Is No Substitute C. The Majority Is ...
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This Intellectual Property Update aims to provide you with a basic understanding of moral rights in order to help you ensure that your agency does not...
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ABSTRACT
Alteration of a motion picture has become legal as a result of the Family Movie Act, an attachment to the Family Entertainment and Copyrigh...
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"Technology, like art, is a soaring exercise of the human imagination. Art is the aesthetic ordering of experience to express meanings in symbolic ter...
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ISBN: 9780804763677
TITLE: The soul of creativity; forging a moral rights law for the United States.
AUTHOR: Kwall, Roberta Rosenthal.
PUBLISHER: Stan...