Abstract

In the United States, property rights are afforded protection, but moral rights are not. Up until 1989, the United States adamantly refused to join the Berne Copyright Convention, the first multilateral copyright treaty, now ratified by seventy-eight countries. The American government refused to comply because the Berne Convention grants moral rights to authors. This international policy was—and is—incompatible with United States copyright law, which recognizes only economic rights. Although ten states have enacted some form of moral rights legislation, federal copyright laws tend to prevail, and those are still wholly economic in their motivation. Indeed, the recent pressure for the United States to agree, at least in part, to the terms of the Berne Convention came only as a result of a dramatic increase in the international piracy of American records and films.In September 1986, Senator Edward M. Kennedy of Massachusetts first introduced a bill called the Visual Artists Rights Act. This bill attempts to amend federal copyright laws to incorporate some aspects of international moral rights protection. The Kennedy bill would prohibit the intentional distortion, mutilation, or destruction of works of art after they have been sold. Moreover, the act would empower artists to claim authorship, to receive royalties on subsequent sales, and to disclaim their authorship if the work were distorted.4 This legislation would have prevented Clement Greenburg and the other executors of David Smith’s estate from authorizing the stripping of paint from Several of Smith’s later sculptures so that they would resemble his earlier—and more marketable—unpainted sculptures. Such moral rights legislations would have prevented a Japanese bank in New York from removing and destroying a sculpture by Isamu Noguchi simply because the bank president did not like it. And such legislation would have prevented the United States government from destroying Tilted Arc. 4. Although this section appeared in the original version of Kennedy’s bill, the current version provides for a study of resale royalties. Richard Serra is known for his large-scale site-specific works in landscapes, urban environments, and museums.