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Abstract: The protection of moral rights is a concept that is truly foreign to the United States. Protection of moral rights developed in Europe and was incorporated in the Berne Convention for the Protection of Literary and Artistic Works (hereinafter, “Berne Convention”). All countries that are party to the Berne Convention are required to provide a minimum level of protection for moral rights. As a party to the Berne Convention, the United States is subject to this requirement. How do moral rights operate and what do they protect?
This paper examines how moral rights are protected in France, a leader in the area of moral rights, and the United States, the difference in culture development between Europe and the United States, and whether the United States is in compliance with Article 6bis of the Berne Convention. Section II of this paper will look at the origin of moral rights and how they are defined in France, the Berne Convention, and the United States, and the importance of moral rights in international law. Section III of this paper will examine the cultural and sociological differences between the United States and European countries and how these differences influence the development of moral rights. Section IV studies whether the protection of moral rights in the United States is sufficient to comply with Article 6bis of the Berne Convention.
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