Regulating the Destruction of Public Sculpture through the Moral Right of Integrity: A Balance between the Artist, the Public, and the Owner

摘要

The article examines the role of the moral right of integrity in regulating the destruction of public sculpture, and evaluates the adequacy of the current law through a comparative study of UK and US law. It addresses the role of public sculpture in the development of culture, and discusses the way in which the decision to maintain or destroy public sculpture should be made, as well as the role the moral right should play in the decision-making process. It argues that the current moral right scheme is inadequate and disables the artist from controlling the fate of his sculpture; and that, in reforming the law of moral right, a mechanism should be implemented whereby public discourse is facilitated by taking into account the interests of all parties concerned.