Xiyin Tang

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The Artist as Brand: Toward a Trademark Conception of Moral Rights

122 Yale L.J. 218 (2012). The Visual Artists Rights Act of 1990 (VARA) controversially recognized artists’ “moral rights” by protecting their work from alteration or destruction and by preventing the use of an artist’s name on a work he did not create. While moral rights are frequently criticized as antithetical to the traditional economic framework of American intellectual property law,...