Moral Rights for University Employees and Students: Can Educational Institutions Do Better than the U.S. Copyright Law?
Colleges and universities provide the homes and training grounds for artists and authors all over the country. Universities, therefore, are in a unique position to nuture and protect the work of their faculty and students. This Article argues that an important component of the function of universities in this respect is to provide assistance to their faculty, students and employees in securing moral rights in connection with their creations. Specifically, within the university confines, universities should attempt to better educate their authors about moral rights and, to the extent possible, to safeguard more effectively their authors' moral rights. This Article discusses litigation involving moral rights, or quasi moral rights claims, deriving from a university setting. It demonstrates that the world of academia is likely to foster moral rights disputes and that it would be desirable for our law to provide more concrete mechanisms for assisting with these disputes. It also offers some concluding observations on what universities specifically can do to enhance the chances for moral rights protections for their faculty, students and employees.
Roberta Rosenthal Kwall, Moral Rights for University Employees and Students: Can Educational Institutions Do Better Than the U.S. Copyright Law?, 27 J. Coll. & U.L. 53 (2000)