the man his art On the experts Fakes & Forgeries On the market
from Born to Venice Drawings Past experts Myth and reality on his fakes The market
Arrival to Paris Sculpture Catalogues done in the past Famous forgers trust in the market?
Becoming an artist Painting Actual /Living experts known and undoubted fakes Auctions & Modigliani
on the path All the attributed works Catalogues of actual experts how to detect a fake Galleries & Museums
The artist Exhibitions during his lifetime How should an expertise must be done what to do with forgeries and forgers Famous collectors fromt the past to actual times
The myth Exhibitions until today News on the experts Art Historians, a trustable source? News on the market
Selected bibliography on him News on his art References  and Bibliography on the experts references on fakes & forgeries references & links on the market

What is Droit Morale?.

Legally:


IN AMERICA (U.S.A.):

  • Droit morale refers to moral rights, which are personal rights that a creator has in their work
    (as opposed to the other rights that come with having a copyright, which are economic rights).

    In 1990, the United States Congress enacted the Visual Artists Rights Act (1), which amended the Copyright Act to include limited moral rights with regard to works of visual art created on or after June 1, 1991.

    Specifically, this act established two rights in such works of visual art :
    1.- The right of attribution.
    2.- The right of integrity.

    Moral rights are retained by an author even if all of the other rights granted by the Copyright Act are assigned to another.

    In fact, moral rights cannot be assigned to anyone else by the author.(2)
    If a person uses the identity of an author, or the works of the author, for her own benefit without the author's permission, then she may have violated the author's right of publicity or may be guilty of misappropriation of the author's work. (3)

    (In conclusion when the artist die, his moral rights expire so his son will have to do something to live of...)
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IN EUROPE (FRANCE IS THE MOST PARTICULAR ONE):

  • Copyright is a set of exclusive privileges available to a creator of the original work of authorship. It consists of moral rights and economic rights.

    Economic rights allow the author to be paid for each use of his work. They are only granted for a limited period which varies between countries and the nature of the work. At the end of the term of protection, the work enters the public domain and may be freely used by all. The copyright gives the exclusive choice FOR the terms of

    1.- publications
    2.- Reproduction 3.- A
    daptation and translation

    (have you read attribution, expertise, documentation or something similar? because I have not...)

    of his works for a given time.
    Its fundamental role is indeed to allow the author to obtain compensation for his work in protecting it from unauthorized copying of his works, including piracy.

    Moral rights are mainly related to the personality of the author and include the right to claim authorship of the work, the right to decide the timing and manner of its publication (right of disclosure), the right to object to any distortion or mutilation of the work (right to respect for the work), the right to object to any use that may affect the reputation or honor of the author.

    Under French law,
    they also have the "right of redemption and repentance," that is to say that an author has the right to request that his work be withdrawn from circulation in exchange for compensation those involved in its distribution, which have also a right of priority in case of re circulation of the work.

    (Only the artist, not his sons, niece, grand niece, uncles, friends, son in law, etc...)

    Unlike economic rights, these moral rights are inalienable, perpetual and inalienable: an author can not sell them (but they are inherited by perpetual) because they do not expire and it is impossible to waiver
    or lend them to third party.

    BUT THEN IN THE DIRECTIVE 93/98/CE THEY SAY THE ECONOMICAL BENEFIT EXPIRE 70 YEARS AFTER THE AUTHOR´S DEATH... (4)

    The Berne Convention of September 9, 1886, signed by 164 countries, provides for protection of published works as unpublished, without formalities of registration, but states may require them to undergo a physical fixation. The Convention provides for the recognition of moral rights by the signatory States, and imposes a minimum term of fifty years post mortem. Upon accession, the United States, however, made a reservation they can not apply the moral rights. (5)


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(1) Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, is a United States law protecting
(2) Thomas F. Cotter, Pragmatism, Economics, and the Droit Moral, 76 N.C.L.Rev. 1 (1997).
(3) Dr. John Daab CFE, CFC, AFC, RI
(4) BASE JOCONDE -Droits liés à la propriété intellectuelle .
(5) Convention de Berne du 9 septembre 1886 (version consolidée)

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Some curious cases of the moral rights... CLICK HERE TO READ

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