With the adoption of moral rights legislation in the United Kingdom and the United States, it appeared that moral rights were on the way to becoming acceptable in Anglo-American jurisdictions. However, the adoption of the TRIPs Agreement expressly excluded the moral rights provision of the Berne Convention. TRIPs signals that all is not well with the integration of moral rights into common law societies. This Article discusses the issues that hamper the acceptance of moral rights. This Article concludes that by bringing economic and moral rights into the same arena and softening the dichotomy of economic versus personal rights, the harmonization of international copyright law will be advanced.
Monica Kilian, A Hollow Victory for the Common Law? TRIPs and the Moral Rights Exclusion, 2 J. Marshall Rev. Intell. Prop. L. 321 (2003)