Moral rights protect the personal relationship between a creator/author/artist/cultural producer and their work even if the creator no longer owns the work, or the copyright in the work. Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment.
Moral rights are personal rights contained in the Copyright Act 1968 that connect creators to their work.
Moral rights exist in relation to artistic, literary, dramatic and musical works and films but not sound recordings.
Some performers also have limited moral rights in certain live or recorded performances. An Arts Law Information Sheet provides basic information on moral rights and their significance for creators and authors other than performers. For more information on performers’ rights see the Arts Law information sheet, Performers' rights.
Moral rights are distinct from the economic rights included in copyright. Thus an employed artist who does not own copyright in the visual artworks created as part of his employment nevertheless has moral rights in those artworks. A musician who has sold his copyright to a record label still has moral rights in his musical compositions.
What are moral rights?
Moral rights arise automatically under the Copyright Act. There are three types of moral rights:
• Right of attribution: this is the right of an author to be identified and named as the author of his/her work;
• Right against false attribution: this is the right of an author to stop someone else being credited as the author of their work; and
• Right of integrity: this is the right of an author to ensure that his/her work is not subjected to derogatory treatment which is any act in relation to the work that is in any manner harmful to the author's honour or reputation.
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