Author: van den Heuvel, Jody A.

Publication Year: 1988

Media Type: Report

Summary:

This article deals with the issue of moral rights and artists, and the development of a federal moral rights policy in the . Background information is included on the development of such policies in Western Europe.

Abstract:

This article deals with the issue of moral rights and artists, and the development of a federal moral rights policy in the . Background information is included on the development of such policies in Western Europe.

In 1958, Alexander Calder's moral rights as an artist were violated when one of his mobiles, entitled Pittsburgh, was intentionally altered by the owner of the work of art. The mobile had been donated by a private collector to Allegheny County, Pennsylvania, and was to be installed by the county in the Greater Pittsburgh International Airport. The county's Department of Aviation altered the original black and white mobile in several ways. Before its instalation at the airport, the mobile was repainted green and gold to match the county's official colors. The county also reconfigured the three story tall mobile, stabilized its rotating parts, and motorized its revolutions. These modifications were made without notifying or consulting the artist. Calder, who was greatly upset by the county's act, claimed that the public exhibition of his disfigured mobile violated the integrity of his creation and damaged his professional reputation . His protests were to no avail because under both federal and state law, the county was entitled to display the mobile in any manner it wished. The county successfully argued that once Calder had relinquished title to his work, he lost all rights to control the display of his creation. Although the mobile was not properly restored during Calder's lifetime, national publicity eventually forced the county to refurbish and display the mobile as it was originally designed.

CONTENTS
Definition of moral rights.
Traditional property rights and resale royalty rights.
The history of moral rights.
Copyright law and its influence on moral rights.
The Berne Convention.
Droit Moral in France.
Moral Rights in the .
Moral Rights on the State Level.
Toward the enactment of a federal policy.

Arts & Intersections:

Categories: Funding