Does U.S. Copyright Law Permit Recovery for "Reputational" Damage?

Nearly a century ago, a revision to the Berne Convention was amended to protect an author's right of attribution and integrity.1 However, the United States resisted any formal recognition of moral rights in a work of authorship at that time.2 In fact, the United States did not accede to the Berne Convention until over 60 years later.3 The well-known case Gilliam v. American Broadcasting raised the issue of moral rights, in particular the right of Monty Python to prevent reputational damage resulting from the mutilation of its works via the editing process for U.S. television.4 Because irreparable harm was likely to result from audiences attributing the poorly edited works to Monty Python, the U.S. Court of Appeals for the Second Circuit granted a preliminary injunction. To support its decision, however, the court relied on contract and trademark law principles.5 The Gilliam case provided an important steppingstone, by supporting the idea that an author should be protected from reputational harm arising from misattribution. Black Panther was massively successful in theaters, grossing over $700 million in the United States and $1.3 billion worldwide.9 In Viktor v. Top Dawg Entertainment LLC et al., the music video for All the Stars, by Kendrick Lamar and SZA, was alleged to infringe paintings based on ancient Egyptian and African symbolism by an artist named Lina Viktor.10 Viktor had created distinctive gold leaf on black paint paintings, and alleged that the music video shows unauthorized copies of her paintings in a 19-second clip that can be seen at the three-minute mark of the video. See supra note 3, (stating that the provisions of the Berne Convention "do not expand or reduce any right of an author of a work, whether claimed under Federal, State, or the common law - to claim authorship of the work; or to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the work, that would prejudice the author's honor or reputation."); see also 17 U.S.C. 104(c).