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> "Moral rights" in this contexts seems to be a utterly Orwellian contraption.

No more so than the right to privacy, or publicity rights in general.

> There are few more fundamental rights than the right of free speech

There's absolutely nothing effectively fundamental to free speech. Not even one country provides for unlimited and unrestrained free speech, yet most of them seem to work well enough.

> and this so called "moral rights" are utterly incompatible with free speech.

I fail to see the relation, let alone the "utter incompatibility". Not that it matters, as both are social constructs



> I fail to see the relation, let alone the "utter incompatibility".

Well in the USA flag burning is considered a form of free speech. After reading parts of the linked document from Puerto Rico it seems like I would not have legally be able to burn/destroy/deconstruct art that I have bought from an artist under all circumstances with out the artists permission. From the USA legal perspective this seems to limit free speech.

> Not that it matters, as both are social constructs

Some constructs are more effective then others at achieve specific goals, in this sense it does matter.


Your free speech in the US does not extend to the right to burn any specific flag, but to the act of burning a flag as a political expression, so this would only restrict your speech in cases where destroying a specific, unique work is important to the speech.

Maybe there are specific cases where doing so is an important message, but conversely giving you that right would give you the right to destroy the speech of others.

How is giving you that right furthering free speech?




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