ABSTRACT

Due to the dearth of many precedents in the legal profession regarding copyright and moral rights such as this one, the Qimron vs. Shanks case became a cause celebre. Indeed, no sooner was the verdict delivered than the storm raised in archaeological and Dead Sea Scrolls circles was handily matched by the debates that arose in legal circles. After a detailed and fair survey of the history of the scrolls' discovery and research, Carson made the "revelation" that no previous Israeli scholar ever dared to invoke, to wit that the Jordanian authorities had stipulated, when they controlled the scrolls prior to 1967, that no Jews should be included in the team of researchers, and that most of those chosen Christians who dealt with those texts were clerics and some of them known anti-Semites. Dine defines the rational underlying moral right as including the right of the creator/author protect his investment of his own creative energy and personality in his work.