[Book review] The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence

This Kat is celebrating the end of another academic year by diving into the second edition of The Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence by Mira T. Sundara Rajan.

From the emergence of the concept of moral rights to their treatment in various jurisdictions and at the international level, the book offers a comprehensive exploration of their significance across different types of creative works, and explains why moral rights are more valuable than ever in the age of AI.

A closer look at the book

The book has two major aims: first, to provide an overview of moral rights both at the international level and in various jurisdictions; second, to argue for their revitalisation in the digital age as a way to preserve and promote human creativity.

This edition is accompanied by a foreword written by Lord Justice Arnold, who considers this second edition a novel work in its own right, reflecting on the relevance, importance, and potential roles of moral rights in the age of AI.

The first chapter sets the scene by outlining the origins of moral rights and the specific rights, interests they protect, the relationship between authors’ moral and economic rights, and the distinct approach taken by common law systems. The chapter then demonstrates how moral rights intersect with human rights, such as free speech and anti-discrimination law.

The second chapter of the book delves into how the moral rights have developed under different legal traditions, namely France, Germany, and the UK. The author assesses the birth and development of moral rights doctrine both in civil and common law jurisdictions, scope of protection in each system, and whether they are fit to address challenges posed by technological developments.

Chapter 3 takes the discussion away from individual jurisdictions and looks at the concept of moral rights at the international level, founded on Article 6bis of the Berne Convention, and some other international agreements. Although moral rights have enjoyed international recognition for nearly a century, it is now time to reassess their role in the digital era. The author considers this reassessment necessary primarily to respond optimally to emerging “technological pressures”, and to remedy the “ambivalent, if not incoherent” nature of the international treatment of moral rights.

The next chapter overviews the evolution and some unique treatments of moral rights in Canada, the US, Australia, New Zealand, India, Japan, and Russia. Based on this comparative approach, the author argues that the widespread recognition of and commitment to moral rights constitutes “convincing proof of their relevance to diverse countries and cultures”, as well as an “encouraging sign of a deeper collective commitment to creativity and culture”.

From chapter 5 onwards, the book moves on to discussions on the impact of AI on creative industries and the potential role of moral rights in safeguarding human creativity. First of all, the chapter introduces readers to some key contemporary issues arising from the use of generative AI, such as the authenticity of AI-generated works, human authorship, whether AI tools cause copyright infringement, whether they can be creative, and finally, the threats they pose against authors’ rights of attribution and integrity. After setting this background, the author calls for updated interpretations of moral rights by truly understanding “what is happening to human creativity in the Age of AI”.

Chapters 6, 7, and 8 look at some specific subject matter, namely musical works, films, and visual arts. These chapters demonstrate how these creative works are being transformed via technology, emphasize the relevance of moral rights to these various creative fields, and make policy recommendations to better address and protect authors’ rights and interests.

Chapter 9 explores the interaction between moral rights, on the one hand, and Open Access and Creative Commons movement, on the other. While the author establishes an interesting link between the Creative Commons licensing system and moral rights, this Kat found the chapter to stand somewhat apart from the rest of the book. Given that the book primarily aims to trace the historical development of moral rights and argue for their increased significance, this penultimate chapter – tackling the access and use of creative content by users – does not connect as smoothly to the central narrative.

The book concludes by arguing that the problems arising from technological revolutions, such as widespread misinformation, endangered human rights, democracy, and the rule of law, are not only technological but also cultural. Therefore, according to the author, reinforcing the moral rights of creators is a promising and valuable approach in overcoming these problems and building a sound future for human authors in the age of AI.

Finally, the choice of the image on the cover of the book (and its accompanying explanation) demonstrates the enduring and deep-rooted nature of moral rights: a handprint integrated into an artistic creation found in the Lascaux Caves in France, dating back nearly 17,000 years. The author states that this practice of leaving handprints could be considered an ancient form of asserting the right of attribution and establishing a connection between creators and their works. This seems to resonate with the book’s overarching message: that moral rights are an essential instrument in support of human creativity, are no less vital today than they were in the past, and should be recognized as such, particularly in the age of AI.

Details

Publisher: Oxford University Press, 2025

Extent: 672 pages

Format: Hardback

ISBN: 9780198791850