MORAL RIGHTS

BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS (1931)--Protects visual artists, writers, composers by giving them moral rights (droit moral) to the artist even after the work is sold.

There are four moral rights:

*paternity--the right to claim or disclaim authorship

*integrity--the right to protect against alteration of the work

*disclosure--the right to decide when the work should be released to the public

*withdrawal--the right to withdraw the work from publication and to modify it

 

The U.S. became a signatory in 1988, BUT also said:

+This does not create any new cause of action

+Berne does not expand or reduce "any rights under federal [copyright, Lanham Act], state [NY Civil Rights Act], or common law [contract, palming off, privacy, publicity, libel]"

[Angelica Huston's suit in France over Ted Turner's colorization of her father's film, "The Asphalt Jungle"]

 

History:

Vargas v. Esquire (7th Cir. 1947)

-look to the contract Vargas signed

-no moral right

Granz v. Harris (2d Cir. 1952)

Granz was the producer of jazz concerts, "Jazz at the Philharmonic." Two pieces, "How High the Moon" and "Lady Be Good" were recorded on 12" masters (78 RPM). Granz, by contract, licensed Harris to manufacture and sell recordings of the 2 pieces. Harris produced 10" records--8 missing minutes (including sax, piano and trumpet solos). Granz is trying to prevent distribution.

-contract right

-no moral right p.558

Otto Preminger v. Columbia Pictures, Corp. (Sup. Ct. NY 1966)

Preminger, the director and producer of "Anatomy of a Murder," wants an injunction to prevent the edited version of the film on TV.

-contract Preminger signed

-industry practice

[In the 1950's motion picture studios beganing licensing the showing of films on TV. Films were cut to accomodate commercials and edited to meet the decency standards required for broadcast (but not for film)] p. 561

Chesler v. Avon Book Division (Sup. Ct. NY 1973)

Chesler wrote Women and Madness. She had a contract with Doubleday for the hardcover edition. Doubleday contracted with Avon for the paperback edition. The paperback edition had changes [alterations, omissions, illustrations, footnotes. . .]. Chesler wants an injunction against the distribution of the paperback.

-contract with Doubleday

-Avon must make public aware of the changes, so they will not be misled

Gilliam v. American Broadcasting Co. (2d Cir. 1976)

Gilliam is part of the Monty Python group. Monty Python's contract with BBC included the following provisions:

1. MP would write and deliver scripts

2. only minor changes could be make without consulting MP

3. MP owns the copyright in the script

4. BBC has the copyright in the recorded programs and can license in other countries

BBC contracted with Time-Life Films for the distribution of the MP programs in the U.S. and gave permission for cuts for commercials and censorship.

 

The first special was broadcast by ABC on Oct. 3, 1975. 24 minutes of the 90 minute program was cut for commercials and "offensiveness." The second special was scheduled for Dec. 26. MP alleged "mutilation," and sued for an injunction against the showing and damages. The trial court refused to grant an injunction, but required a disclaimer.

2d. Cir.:

-injunction proper

-copyright law

-offensiveness?

See pp. 564, 565, and 566.

 

National Film Preservation Act of 1988

*creates a national registry for culturally, historically, and aesthetically significant films

*requires labeling of colorization and other material alteration

 

CleanFlicks and clean-up software

Family Movement Act of 2005 p. 578