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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 moral rights of an author include the author's right to control first publication or presentation of a work; the author's right to be attributed or to remain anonymous; the author's right for the work to be published or presented without distortion or mutilation. As with copyright, moral rights apply to creative expression but not to mere ...
The other moral rights last for the same period as the other copyright rights in the work (s. 86). There are some narrow exceptions to moral rights. For example, s. 79 states that the right to be named as author does not apply in relation to computer programs, design of a typeface, or any other computer generated work.
The difference runs both ways: UK and Irish copyright laws protect the privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right. The different protections of industrial design rights cut across the divide between the two systems of law.
Analogues to moral rights are increasingly recognized in U.S. courts, and eleven U.S. states recognize explicitly moral rights in law. The states of California and New York guarantee the integrity of the author's work, and the Visual Artists Rights Act, enacted October 27, 1990, incorporates moral rights of artists in a federal law.
The Visual Artists Rights Act of 1990 (VARA), (Pub. L. 101–650 title VI, 17 U.S.C. § 106A), is a United States law granting certain rights to artists. VARA was the first federal copyright legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the ...
In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work.
Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works, is subject to sections 107 through 122, which limit the copyright holder's exclusive rights. In the U.S. in stark contrast to those copyright laws which have developed from English law , edicts of government are not subject to copyright, including ...
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