Monday, January 14, 2013

Overclaiming of moral rights by the PTO?

Apparently Cindy Lee Garcia isn't the only one claiming that international protections for performers' rights are self-executing in the US--according to the GAO, the PTO told it that the Berne Convention and the WIPO Performances and Phonograms Treaty provide Indian artisans with moral rights, and then VARA "also" grants rights.  (See p. 25 & n. 40.)  The GAO says the PTO reviewed the report and agreed with it.  What am I missing? 

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