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University of Baltimore Law Review

Abstract

Artists in the United States who sell their works without contractually reserving any rights in the same currently enjoy only limited rights under federal copyright laws to exercise continuing control over such works. The author assesses the shortcomings of copyright protection in comparison with the protection afforded artists' so-called "moral rights" by many foreign jurisdictions, in particular France and Germany. "Moral rights" legislation has been introduced unsuccessfully in the United States both on the federal level and before the Maryland General Assembly. The author examines the draftsmanship and constitutionality of the proposed Maryland legislation and advises its adoption with recommended changes.

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