Passage:
The concept of copyright has historically bifurcated into two distinct legal traditions: the Anglo-American focus on economic rights and the continental European emphasis on "moral rights" (*droit moral*). Rooted in the philosophical framework of the French Revolution, which conceptualized intellectual output as an extension of the creator's personality, moral rights protect the non-economic interests of authors. These typically encompass the right of attribution (the right to be recognized as the author) and the right of integrity (the right to object to modifications that would prejudice the author's honor or reputation).
In contrast, the United States copyright system, derived from the utilitarian principles of the British Statute of Anne (1710), historically viewed intellectual property primarily as an economic incentive designed to promote the progress of science and useful arts. Under this paradigm, once an author transferred their copyright, they largely relinquished control over the work's subsequent treatment, provided the economic terms of the contract were honored.
This philosophical divergence created significant friction during international harmonization efforts, most notably the Berne Convention for the Protection of Literary and Artistic Works. Although the Berne Convention was established in 1886, it was not until the Rome revision of 1928 that moral rights were formally codified in Article 6bis. The inclusion of Article 6bis mandated that member states protect an author's rights of attribution and integrity independently of their economic rights, and crucially, that these moral rights must persist even after the transfer of the economic rights.
For decades, the United States resisted joining the Berne Convention, largely due to apprehension regarding the incompatibility of moral rights with its established domestic industries, particularly the motion picture sector, which relied heavily on collaborative, work-for-hire models where economic producers, rather than individual creators, held ultimate control. It was only in 1989, driven by the pressing need for robust international protection against the unauthorized reproduction of American software and entertainment products, that the United States formally acceded to the Convention.
To comply with Article 6bis without radically overhauling its domestic legal framework, the U.S. Congress adopted a minimalist approach. Rather than enacting a comprehensive moral rights statute applicable to all creators, Congress passed the Visual Artists Rights Act (VARA) in 1990. VARA granted rights of attribution and integrity, but strictly limited their application to works of visual art produced in single copies or limited editions of 200 or fewer. For other mediums, such as literature and film, the U.S. argued that a patchwork of existing laws, including defamation and unfair competition, sufficiently fulfilled its treaty obligations, a stance that continues to provoke debate among legal scholars regarding the true extent of American compliance with the spirit of the Berne Convention.
According to the passage, the 1928 Rome revision of the Berne Convention explicitly required member states to do which one of the following?
- Ensure that an author's rights concerning the attribution and integrity of their work endure even if the economic rights to that work have been transferred.Cevap
- BUtilize a patchwork of existing domestic laws, including defamation and unfair competition, to fulfill treaty obligations regarding moral rights.
- CGrant rights of attribution and integrity strictly to works of visual art that are produced in single copies or highly limited editions.
- DProtect the non-economic interests of authors primarily to serve as an economic incentive designed to promote the progress of science and useful arts.
- EEnact a comprehensive moral rights statute applicable to all creators in order to provide protection against the unauthorized reproduction of software.