This Article critiques the California Art Preservation Act of 1979, the first major legislation in the United States on moral rights for artists. The author focuses his discussion on the restrictions on protection, such as the restrictions on the types of eligible art and artists, potential defendants, duration of moral rights, and remedies. The author also focuses on the relationship of this legislation to other art-related laws in the United States and elsewhere, with particular reference to relevant sections of the Copyright Revision Act of 1976. The author concludes that, while it fails to adequately address the realities of the world of art and commerce, the Act has the potential to serve as a national model for the recognition of the moral rights of artists and other creators.
Peter H. Karlen,
Moral Rights in California,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss4/3