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Full-Text Articles in Law
How Fine Art Fares Post Vara, Roberta Rosenthal Kwall
How Fine Art Fares Post Vara, Roberta Rosenthal Kwall
Marquette Intellectual Property Law Review
Professor Kwall discusses the implications of the recently enacted Visual Artists Rights Act ("VARA"). VARA, the only U.S. statute addressing the issue of moral rights, attempts to protect an artist's personal rights in his own works. Kwall details the effectiveness of the Act in a society that has not traditionally recognized such rights. Professor Kwall examines the many flaws of VARA and supports further legislation to strengthen the protection of artists' moral rights.
Of Moral Right And Righteousness, Sharon W. Halpern
Of Moral Right And Righteousness, Sharon W. Halpern
Marquette Intellectual Property Law Review
In response to Professor Kwall's article, Professor Halpern provides an exploration of the differences between European countries that provide broad moral right protection and the United States. Professor Halpern recommends an examination of the role artists and creators of intellectual property play in the culture of the United States in order to form a consensus on which a United States moral right regime may be built.
United States' Moral Right Developments In European Perspective, Marina Santilli
United States' Moral Right Developments In European Perspective, Marina Santilli
Marquette Intellectual Property Law Review
Professor Santilli provides a European perspective on the United States' recent enactment of VARA. She questions the United States' commitment to the recognition of moral rights by scrutinizing the effectiveness of the Act. Her article provides commentary on Professor Kwall's article and a comparative analysis of moral rights.