When Art Becomes Free: Inverse Moral Rights as a Guardian of a Truly Liberal Society and Economy
By: Amir H. Khoury
Abstract: In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be ‘inverse’ moral rights that can protect artists from being impelled or compelled to create in the first place. This research comes against the backdrop of one of the most contentious issues in the Western world today, that pertaining to same-sex marriage. But the discussion applies to all other fields where creativity finds itself in the cross fire in hotly contested issues. In my view, the inverse moral rights are a true reflection of the extent of liberalism. I contend that absent inverse moral rights, liberalism itself will decline which in time will detract from a healthy economy. Ultimately, society at large will lose.
“If speech is of silver, then silence is of gold”[1]
Introduction
We live in a world of diversity. liberal thought (which I support) dictates that we need to tolerate one another, in what we say and in how we choose to live. For this to endure such tolerance needs to be reciprocated by all social agents and all market actors; namely that one should not enforce one’s beliefs (or way of life) on others (even if one can). That is to say one’s freedom should not subdue another’s freedom. This is obviously easier said than done. For in reality, the rich diversity of human society has also produced many flashpoints and, unfortunately, manifestations of intolerance. Indeed, many of us are driven by the innate inclination to ‘better’ the world (as we subjectively deem ‘better’ to be). However, these personal views need to make room for other (opposing) views. This is clearly evident in the same-sex marriage face-off (no less) that is threatening to tear Western society apart.
In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be a clear recognition for INVERSE moral rights that can protect artists (all artists) from being impelled (or compelled) to create in the first place. In my view ‘Inverse Moral Rights’ (IMR) embody the true reflection of liberalism. I contend that absent inverse moral rights, liberalism itself will decline and in time, society at large will lose. The battle rages on as these lines are bring written. There should be no illusion about the long term negative impact on the economy. That is to say, if creativity is a precondition to a healthy economic environment that attracts investments, then any negative impact on creativity, including limiting its freedom could be detrimental to society at large.
* Amir H. Khoury is a Senior Lecturer, School of Law, Tel Aviv University and a Distinguished Visiting Professor at the University of Kansas, School of Law
[1] Idiom that appears in many cultures today.
