The valuation of moral rights: A field experiment

Arbeitspapier

U.S. intellectual property law is firmly rooted in utilitarian principles. Copyright law is viewed as a means to give proper monetary incentives to authors for their creative effort. Many European copyright systems pursue additional goals: Authors have the right to be named as author, to control alterations and to retract their work in case their artistic beliefs have changed. Protecting these 'moral rights' might be justified by the preferences of typical authors. We present the first field experiment on moral rights revealing the true valuation of these rights by over 200 authors from 24 countries. A majority of authors are not willing to trade moral rights in the first place. They demand substantial prices in case they decide to trade. The differences between authors from the U.S. and Europe are small. These results call into question whether moral rights protection should differ across the Atlantic and whether a purely profit-based theory of copyright law is sufficient to capture the complex relationship between human behavior and creativity.

Object Details

• Language: Englisch

References and Relationships

• Bibliographic citation: Series: Preprints of the Max Planck Institute for Research on Collective Goods ; No. 2017/4

Classification and Topics

• Classification: Wirtschaft ; Field Experiments ; Property Law ; Entertainment; Media ; Innovation and Invention: Processes and Incentives ; Intellectual Property and Intellectual Capital ; Technological Change: Government Policy
• Subject: intellectual property ; copyright ; creativity ; invention ; moral right ; willingness to pay

Contributors, Places and Time

• Event: Geistige Schöpfung
• (who): Bechtold, Stefan ; Engel, Christoph
• Event: Veröffentlichung
• (who): Max Planck Institute for Research on Collective Goods
• (where): Bonn
• (when): 2017

Further information

• Handle: http://hdl.handle.net/10419/162223
• Last update: 10.03.2025, 11:44 AM CET