As reported in multiple news outlets, the U.S. Copyright Office (USCO) published a Notice of Inquiry concerning a USCO study to review current U.S. laws protecting moral rights of creators of original works—namely the rights of attribution and rights of integrity, as well as evaluate reforms to provide additional protections for such rights. Separate from copyright protections, moral rights are intended to preserve the relationship between an artist and their work, regardless of the expiration of copyright protections under applicable law and any transfer(s) of copyright title. While recognized in many foreign jurisdictions as rights available to creators of all forms of copyright-protected works, the U.S. only recognizes moral rights for creators of visual art works under specific conditions codified in the Visual Artists Rights Act (17 U.S.C. § 106A) (VARA).
In this inquiry, USCO is seeking public comment on: (1) availability of rights of attribution under state and federal unfair competition laws—which was largely restricted by the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 34-35 (2003); (2) expansion of rights of attribution and rights of integrity under VARA to musical and audiovisual performers—thereby bringing the U.S. into compliance with the WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, and recent international legal trends; (3) new and trending means to license rights of attribution and rights of integrity (e.g. Creative Commons licenses); and (4) changes in technology to improve identification and attribution of licensed works.
Comments are being accepted until March 30, 2017 via USCO’s online portal here.