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An Immoral Fight: Shielding Moral Rights With First Amendment Jurisprudence When Fair Use Battles With Actual Malice, 8 J. Marshall Rev. Intell. Prop. L. 190 (2008), Mark A. Petrolis
UIC Review of Intellectual Property Law
Moral rights give an artist personal rights to her work. Because an artist puts her personality, spirit, and soul into the creation of her work, her honor and reputation may be harmed if her works are mistreated. In 1990, the Visual Artists Rights Act incorporated moral rights into U.S. copyright law. However, fair use became an absolute defense to moral rights violations. This comment proposes that fair use should not be an absolute defense, and applies First Amendment jurisprudence developed from defamation law to both fair use and moral rights. Defamation shares similarities with both. Like moral rights, defamation law …