What are moral rights of authorship?
Moral rights of authorship are legal rights within the art law context that are available to the author of a work. These rights, which are related to the author’s right of integrity and attribution, were first recognized in the United States in the Visual Artists Rights Act (VARA) of 1990, which was created to protect the rights of “authors” and creators of certain works of art, including painting, sculpture, drawing and photographs. In Nebraska, the same rights are protected by the Nebraska VARA law. Moral rights of authorship consist of the right to claim authorship, the right to prevent the use of his/her name as the author of any work he/she did not create, and the right to prevent any distortion or alteration of their work that would prejudice their reputation. These rights last as long as the copyright in the work of art and have a distinct, individual value to the author or creator, which is separate from the economic value of the work. The moral rights of authorship grant creators and authors of artistic works the right to decide how their works are displayed and to make sure their reputation is not tarnished by how others use their artwork. These rights ensure that artist are given the respect they deserve for their work and that their work is not taken and used without their permission.
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