The Personality Nexus: Moral Rights in Music Law and Policy

This chapter explores the changing legal landscape of moral rights in the context of music creation. It traces moral rights’ roots to the Kantian theory of authors’ personality rights in continental Europe and it also explains common law jurisdictions’ ideological resistance to a freestanding moral right doctrine in favor of a patchwork approach to the issue. It shows that international agreements including the Berne Convention, the WPPT, and the Beijing Treaty, have played different roles in promoting the minimal moral right standard for either music creators or performers at the international level. Furthermore, it should not be ignored that there has always been an unresolved tension between moral rights and the time-honored practice of music parody, because the former might exert a chilling effect on the latter. It is suggested that a reimagination of moral rights through the Kantian communicative authorship is crucial for accommodating parodic expressions in an increasingly reconfigurable music ecosystem.