General Question

luigirovatti's avatar

Is California the only USA state to recognize moral rights?

Asked by luigirovatti (2950points) September 23rd, 2019

For those who don’t know, they’re the rights of an artist to control their creation.

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8 Answers

JLeslie's avatar

Might this be the same as the cake decorator case that went all the way to the Supreme Court? The bake shop owner who wouldn’t make a wedding cake for a gay couple. The Supreme Court found in favor of the bakery owner, so I would think all states have to comply with artists being able to have control over their own creations.

Or, did you mean something else? What type of control? You mean how their pieces of work are used? I think that is probably within the copyright laws.

Response moderated (Unhelpful)
elbanditoroso's avatar

I have real problems with the concept of moral rights over artwork.

Once you have sold it, why do you have any right to say what I do with it? Let’s say I bay a painting from you. I decide I don’t like it. You should have no right to tell me I can’t throw it in the trash. Or give it to your ex-wife. Or burn it.

If I as the buyer don’t have the right to do what I want, then what have I actually bought?

ragingloli's avatar

Does that not fall under copyright?

janbb's avatar

Need more context. I don’t understand the question as asked.

luigirovatti's avatar

This is the source for my question:
https://en.m.wikipedia.org/wiki/California_Art_Preservation_Act
If it doesn’t help you, then I really can’t, sorry.

jca2's avatar

I see that the law is from 1979 and has since been amended, in part. That tells me that the Wiki link provided may not be current, so it’s kind of useless to comment on something that no longer is.

narender11's avatar

Moral rights are not often raised in the United States, and with good reason. Moral rights, as distinguished from economic rights, are given only partial protection under U.S. copyright law.

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