As the creator of copyrighted material, you not only have exclusive rights to copy or publish your work, but you also have moral rights. Indeed, you have a legal obligation to attribute copyright owners and treat their work with respect. These are the rights that every copyright owner enjoys. This article will outline moral rights in copyright.
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Copyright vs Moral Rights
Just because you own the copyright does not mean you also have moral rights. These rights belong to the creator of the work. Sometimes, the creator and the copyright owner are the same people, but this is only sometimes the case. Although copyright and moral rights are very different, they do share some similarities in Australia. For instance:
- they both come into effect automatically upon the creation of a work; and
- they both last for the author’s life, plus 70 years (except for the right of integrity in films, which only lasts for the year of publication, plus the life of the creator).
What are Moral Rights?
Under the Copyright Act 1968 (Cth) (‘the Act’), the creator of a work has the right:
- to attribution of authorship;
- to not to have authorship falsely attributed; and
- of integrity of authorship.
What is the Right to Attribution?
Simply put, this is the right to be identified as the author. If your work is being reproduced, published, adapted or exhibited by someone else, it is your right to be attributed to the work. Attribution should always be clear so that it is reasonably identifiable by the audience.
What is the Right Not to Be Falsely Attributed
This right is split into two components:
- the right to object to another person being falsely attributed to the author’s work; and
- the right to object when the author’s name is applied to work that has originated from the author, but has been subsequently altered by another person.
It may seem questionable why someone would attribute a work to the author after significantly changing it. Yet, why would they not want to take all the credit? This situation arises where the original author may attract more attention.
What is the Right of Integrity?
The author must not be subjected to derogatory treatment of their work, which would prejudicially affect their honour or reputation. This includes:
- the doing, concerning the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation;
- an exhibition in public of the work that is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs; or
- the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation.
Moral vs Personal Rights
It is important to note that moral rights are personal rights. This means that, even as the author, you cannot assign them. This is different to copyright, which can be assigned or licensed to someone else with the creator’s permission. For example, an author can assign the copyright in their book to a publisher. However, the author will continue to hold the rights in the book.
An author may give consent to another party to infringe some or all of their moral rights. For example, an author of a book may give the publisher permission to publish the book anonymously or under another name.
Key Takeaways
As the creator of a work, it is essential to understand your rights, namely the right:
- to attribution of authorship;
- to not have authorship falsely attributed; and
- of the integrity of authorship.
Unlike copyright, moral rights cannot be assigned. However, you may waive some or all of your moral rights if you wish.
If you have any questions and would like to speak to a copyright expert, our experienced intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
The creator of a work owns the moral rights about the work for the author’s life, plus 70 years (except in the case of the right of integrity in films, which only lasts for the year of publication, plus the life of the creator).
Unlike copyright, you cannot assign moral rights as they belong to the creator of the work only. However, the creator of a work may elect to waive their moral rights in certain circumstances, such as where the author allows their publisher to publish their work anonymously.
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