This Note focuses on the expansion of artists' rights in the United States, specifically the moral rights of paternity and integrity. It explores the history of judicial denial of moral rights and the attempt to gain protection through traditional causes of action. The Note then analyzes barriers to adoption of the moral rights doctrine, with emphasis on the challenge to traditional property concepts. The California Art Preservation Act of 1980 and the 1984 Artists' Authorship Act of New York are discussed and evaluated. This Note recommends adoption of the California statute as the model for future artists' rights legislation and defends property rights restrictions imposed by the Act on the basis of support of legal precedent and the justification of protection of the public interest.
Note, Righting the Titled Scale: Expansion of Artists' Rights in the United States, 34 Clev. St. L. Rev. 441 (1985-1986)