Abstract
Moral rights constrain the economic element of property rights in works of art by giving authors certain inalienable rights of control over their creations. Such moral rights have often been defended by appeal to the value of the relation between the author and their work, with arguments emphasising that moral rights serve to protect the personality of the author. This chapter argues that personality-based approaches provide a more limited justification for moral rights than they have typically been taken to yield. It suggests an alternative defence of moral rights, by drawing on insights from theories which emphasise the relational dimensions of autonomy.
Original language | English |
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Title of host publication | Research Handbook on Intellectual Property and Moral Rights |
Editors | Ysolde Gendreau |
Publisher | Edward Elgar Publishing Ltd. |
Pages | 2-14 |
Number of pages | 13 |
ISBN (Electronic) | 9781789904871 |
ISBN (Print) | 9781789904864 |
Publication status | Published - 12 Sept 2023 |