How are moral rights protected?

Moral rights are rights held by the author of a work of art, which are separate from copyright protections. In Maine, moral rights are protected under the Visual Artists Rights Act of 1990. This act grants the author of a work of art certain inalienable rights, such as the right to be named as the author, the right not to have the work of art altered or distorted, and the right to prevent the work of art from being used for commercial purposes. If a work of art is used in a manner that violates the author’s moral rights in Maine, the artist can take legal action. In such a case, the court could award the artist damages and an injunction preventing the further violation of the artist’s moral rights. In Maine, moral rights are distinct from copyright protection and separate legal action may be taken to protect them. This means that even if an artist has given up their copyright in a work of art, they still retain the moral rights over it. The Visual Artists Rights Act of 1990 seeks to ensure that artists can maintain control over how their work is used and presented, even after the copyright has been given up.

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