Document Type

Article

Publication Date

2023

Abstract

This Chapter explores insights that feminist theories can bring to the study and development of moral rights protections in copyright law. It begins by explaining why certain facets of conventional moral rights theory are ill-suited to—indeed inconsistent with—a feminist approach in both concept and effect. In particular, to the extent that strong moral rights of integrity and association limit dialogic engagement with, and transformation of, protected works, they risk suppressing critical and counter-hegemonic expression, and support an individualized and romanticized conception of the (patriarchal) author-figure. Employing alternative feminist conceptions of situated selfhood, relationality and dialogic authorship, the Chapter then explores what it might mean to reimagine moral rights in a way that better reflects and protects the personal, social and political value of creative agency. It presents a defence of the right of attribution on these terms and concludes with a call for attribution as feminist praxis.

Comments

"This is a pre-publication draft version of a chapter that is forthcoming in YSOLDE GENDREAU, RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND MORAL RIGHTs (Edward Elgar)"

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