Re-recording the Record: The Case for a Stronger Moral Right of Integrity in the United States

Authors

Alexandria Touron, Fordham University School of Law

Keywords

copyright; moral rights; music; artist; trademark; publicity rights; intellectual property;creative integrity; artist protection; U.S. copyright law; federal rights; music industry; legalprotections; artistic reputation; copyright reform; Taylor Swift; artist control; musicownership; fair use; international law; copyright transfer; legal advocacy; artist rights; FirstAmendment; free speech; international law; international comparison; Berne Convention;Comparative law; entertainment; entertainment law; public policy; Lanham Act

Abstract

In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect their work from prejudicial treatment, even after transferring ownership.

This Note argues that the current state of U.S. copyright law inadequately protects the moral rights of musical artists, particularly regarding the right of integrity, and that this gap in protections leaves artists vulnerable to the alteration or use of their works in ways that could harm their artistic reputation. Accordingly, this Note proposes that Congress enact a federal right of integrity to ensure that artists retain meaningful control over how their works are used and represented. However, this right should have key limitations to balance industry interests, including that it should be waivable, subject to fair use, and otherwise narrowly tailored. The proposed legislation would bring U.S. law more in line with international standards while preserving the music industry’s ability to function effectively through a contractual licensing regime.

Recommended Citation

Alexandria Touron, Re-recording the Record: The Case for a Stronger Moral Right of Integrity in the United States, 93 Fordham L. Rev. 2339 (2025).
Available at: https://ir.lawnet.fordham.edu/flr/vol93/iss6/11