Global InformationMoral rights information
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Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.[1]
The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.[2] The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation".[3] Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.[1]
Moral rights were first recognized in France and Germany,[4] before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928.[5]: 37 Canada recognizes moral rights (droits moraux) in its Copyright Act (Loi sur le droit d'auteur).[6] The United States became a signatory to the convention in 1989,[7] and incorporated a version of moral rights under its copyright law, codifed in Title 17 of the U.S. Code. The Berne convention is not a self-executing treaty, and the Berne Convention Implementation Act of 1988 excludes the US from the moral rights section[citation needed].
Some jurisdictions allow for the waiver of moral rights.[5]: 44–45 In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but applies only to a narrow subset of works of visual art.[8] "For the purposes of VARA, visual art includes paintings, drawings, prints, sculptures, and photographs, existing in a single copy or a limited edition of 200 signed and numbered copies or fewer".[9] A photograph must be taken only for exhibition purposes to be recognized under this subcategory. Independent art is not a focus of this waiver, for VARA only works in protecting artwork that can be considered as having "recognized stature"; Some of the items that are voided from VARA's protection include posters, maps, globes, motion pictures, electronic publications, and applied art. The VARA grants artists two specific rights: the right of attribution, and the right of integrity. The right of attribution allows an author to enforce the attribution of their work, prevent the misattribution of their work to another author, and permits the author to retain anonymous or pseudo-anonymous ownership of the work. The right of integrity does its best to prevent distortion or modification of their work, easing an artists' worries surrounding negative defamation directly applied to their work affecting their own personal, creative, or professional reputation through misrepresentation.[9]
In the United States, moral rights are not transferable, and end only with the life of the author. Authors may, however, waive their moral rights if this is done in writing.[9]
Some jurisdictions like Austria differentiate between narrow and wide moral rights. Whilst the former is about integrity of the work, the latter limits usages, which may harm the author's integrity. Some copyright timestamp services allow an author to publish allowed and disallowed usage intentions to prevent a violation of such wider moral rights.[10]
- ^ a b Sundara Rajan, Mira T. (2006). Copyright and Creative Freedom: A Study of Post-Socialist Law Reform. Routledge Studies in International Law. Taylor & Francis. pp. 41–42. ISBN 978-0-20396-776-8.
- ^ "moral, adj.". OED Online. September 2011. Oxford University Press. 25 October 2011.
- ^ [1], Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
- ^ Rigamonti, Cyrill P. (Summer 2006). "Deconstructing Moral Rights". Harvard International Law Journal. 47 (2): 353–412.
- ^ a b Kwall, Roberta Rosenthal (2010). The Soul of Creativity: Forging a Moral Rights Law for the United States. Stanford University Press. ISBN 978-0-80475-643-3.
- ^ Copyright Act (R.S.C., 1985, c. C-42)
- ^ Countries
- ^ Gassaway, Laura (December 2002). "Copyright and moral rights". Information Outlook. 6 (12): 40. (Copyright Corner)
- ^ a b c "Moral Rights Basics". cyber.harvard.edu. Harvard University. Retrieved 2020-04-13.
- ^ RegisteredCommons.org FAQ