What sources of law govern moral rights in the U.S.?
In the U.S., moral rights are primarily protected by VARA. Before VARA was passed, courts and commentators struggled to find moral rights in the “derivative work” provision of the Copyright Act, the laws of defamation, the rights of privacy and publicity, the doctrine of misappropriation, and especially the Lanham Act, which deals with trademarks and unfair competition. Gilliam v. American Braodcasting Co., 538 F.2d 14 (2d Cir. 1976); Flore Krigsman, Section 43(a) of the Lanham Act as a Defender of Artists’ “Moral Rights,” 73 Trade-Mark Rep. 251 (May-June 1983). Authors may seek moral rights protection from state moral rights laws and art preservation statutes in California and New York, whose provisions resemble those of VARA. Authors whose works are not covered by VARA and the state statutes may also seek moral rights-type protection from various other sources of law, as listed above. Examples are provided below: Who has moral rights, on what kinds of works, and how are they acquired
