Using the Holder-in-Due-Course Doctrine, authors may reclaim a work even after it is sold, but only if the holder knew or had reason to know of the alleged moral right at the time he or she purchased the work. This accomplishes the goal of protecting moral rights while preserving the transferability of creative works in the United States. Putting the burden on the author to define and pronounce moral rights interests early on, so as to give notice to subsequent buyers, allows subsequent purchasers to make more informed business decisions. As a result, subsequent purchasers and the entertainment industry as a whole will continue to purchase creative works without the risk of broad-based moral rights claims that have no merit.
Creative Works as Negotiable Instruments: A Compromise Between Moral Rights Protection (and) The Need for Transferability in the United States,
5 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol5/iss2/4