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UC Law SF Communications and Entertainment Journal

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Abstract

Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This paper utilizes comparative copyright systems which afford strong moral rights protections to demonstrate that the U.S. is an outlier among developed creative economies. Using the works of Japanese animator Hayao Miyazaki as a case study, it demonstrates how weak moral rights protections enable disrespect of foreign creative works in the American market. Ultimately, the U.S. statutory scheme must adopt broader and stronger moral rights protections to align with international norms, and to ensure meaningful recognition and respect for foreign authors when their works are adapted for American distribution.

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