Moral Rights Overview
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Written on 01
May 2015 lawdit
Copyright- Moral Rights
Moral Rights are derived from the Copyright Designs and
Patents Act 1988. Moral rights only apply to copyright and not designs
or patents.
Moral rights apply to literary, dramatic, musical or artistic
works and films (LDMA). Moral rights apply for the full duration of the
copyright i.e life of the author plus 70 years, however the right to
prevent false attribution is limited to 20 years after the death of the
author.
What are Moral Rights-
Moral rights are the rights attached to copyright which cannot
be assigned to anyone else but can be waived if necessary. The rights
are –
- The right to be identified as the author or director of a
copyright work (known as the right of paternity S77-79 CDPA)
- The right to object to derogatory treatment of a copyright
work (Known as the right to integrity S80-83 CDPA)
- The right not to suffer false attribution of a copyright
work (S84 CDPA)
- The right to privacy in respect of certain films and
photographs (S85 CDPA)
Moral rights do not apply in all circumstances; the right to
integrity and identity do not apply to computer programs for example.
Moral rights are personal rights but they do not need to be
addressed in any commercial deal. It is normal to see in statements of
rights acquisition and licencing documents that all relevant moral
rights have been waived.
Artist’s Resale Right
This right entitles artists and their successors in title to a
percentage of the sale price, net of tax, whenever original works of
art in which copyright subsists are resold in transactions involving
art market professionals. Until 2006, the right did not exist in the UK
but it was implemented in to our law by Directive 2001/84/EC.
Written by Thomas Mould
About the Author
Lawdit
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
Designers Association.
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Article Published/Sorted/Amended on Scopulus 2015-05-28 09:00:17 in Legal Articles
