The Soul of Creativity Forging a Moral Rights Law for the United States [Hardcover]

In the United States, human creativity is historically understood to be motivated by economic concerns. However, this perspective fails to account for the reality that human creativity is also often the result of internal motivations having nothing to do with money. This book addresses what motivates human creativity and how the law governing authors' rights should be shaped in response to these motivations.

On a practical level, it illustrates how integrating a fuller appreciation of the inspirational dimension of the creative process will allow us to think more expansively about legal protections for authors. Many types of creators currently lack the legal ability to compel attribution for their work, to prevent misattribution, and to safeguard their work from unwanted modifications. Drawing from a number of diverse sources, including literary, philosophical, and religious works, this book offers real solutions for crafting legal measures that facilitate an author's ability to safeguard his or her work without entirely sacrificing the intellectual property policies in practice in the United States today.

Roberta Kwall's new book on moral rights is a definitive treatment of the subject as well as a splendid addition to the literature on intellectual property. Kwall brings to her undertaking an impressive mastery of the complex tensions that can arise when a work of art lodges in the hearts and minds of the public. How much public recognition is an artist entitled to expect? And what is to be done when public appropriation and the passage of time result in threats to debase, degrade or even to destroy the original work or the reputation of its creator? Whether in the United States or abroad, answers to questions like these can often seem murky and uncertain. Kwall's responses, which are addressed primarily to changes she sees as necessary in American law, are nevertheless also carefully considered against a background of international conventions. lã%