"Moral Rights for Authors and Artists." Information Today; Jan2002, Vol. 19 Issue 1, p17, 2pStephanie Ardito summarizes the background of moral rights for intellectual property in the United States with emphasis on the Berne Convention of 1886. Beginning with an example of a court ruling against Samuel Clemens, she shows how laws in the United States have changed over the past hundred years and where they are likely heading.
Moral rights have been absent from US law for the most part but have origins in international trade conventions such as The Rome Act of 1928 and the Berne Convention of 1886. Both agreements contained articles pertaining to moral rights for authors different from the American style copyright. Ardito examines article 6b of the Berne convention and its three parts with regard to length of time, economic right, and governing set of rules.
Ardito points out that no national law explicitly mentioned moral rights for literary or digital works, but through various state laws, the US was allowed to join the Berne Convention. In summary, moral rights for authors are limited in the United States compared to a large part of the rest of the world. Other countries use the Berne Convention as a guide whereas the US seems to have limited desire to give ‘moral rights’ to the creators of intellectual property.
This applies to my thesis through a comparison to the rest of the world. US copyright law and doctrine is rather unique with an absence of moral rights, a fair use doctrine, and a resistance to the Berne Convention. Despite this, the United States has a strong desire to expand into the global economy. The bare minimal participation in the Berne Convention seems to satisfy US copyright culture, as current practices can be maintained while joining the global community.