Quoth Mark Lemley:
The theoretical answer is that I don't have any problem conceiving of academic scholarship as a form of commerce (though without doing some research I can't say that it would pass as such under the Lanham Act). The practical answer is that if you can get away with an unattributed block of text the journal isn't going to advance your career much (unless you're Alan Dershowitz, maybe).
But what we're really discussing here with respect to moral rights are the parts of the doctrine that copyright doesn't directly address. Attribution is partly dealt with under the Lanham Act, partly in the "right of first publication" and partly in the exclusive right to make derivative works. Only the right of integrity was largely absent in existing doctrine, and that right was most important in fine arts cases. I admit that integrity rights in writing, music and so on are not perfectly protected under existing law. The problems in protecting them, however, are much more complex than with problems of vandalism associated with fine arts.
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