The Record

As the global policymaking capacity and influence of non-state actors in the digital age is rapidly increasing, the protection of fundamental human rights by private actors becomes one of the most pressing issues in global governance.

This Article critically examines the analogies scholars use to explain the special relation between the author and her work that copyright law protects under the doctrine of moral rights. Authors, for example, are described as parents and their works as children. The goal of this Article is to determine “when to drop the analogy and get on with developing” the content of the relation between the author and the work. Upon examination, that moment approaches rather quickly: none of these analogies provide any helpful framework for understanding the purported relation.