Moral Rights

Definition

Moral rights are a set of non-economic rights granted to authors and creators of copyrighted works. These rights protect the personal and reputational interests of the creator, even after the work has been sold or transferred to another party.

5 Must Know Facts For Your Next Test

1. Moral rights are distinct from the economic rights of copyright, which allow the copyright holder to control the commercial exploitation of the work.
2. Moral rights are typically granted to the creator of the work and cannot be transferred or waived, even if the copyright is sold or licensed to another party.
3. The Berne Convention for the Protection of Literary and Artistic Works is an international agreement that requires member countries to provide some form of moral rights protection.
4. In the United States, moral rights are more limited compared to other countries, and are primarily focused on the rights of attribution and integrity.
5. The Visual Artists Rights Act (VARA) in the United States provides moral rights protection for certain types of visual art, including paintings, sculptures, and photographs.

Review Questions

• Explain the key differences between moral rights and economic rights in copyright law.
  • Moral rights are focused on protecting the personal and reputational interests of the creator, such as the right of attribution and the right of integrity. In contrast, economic rights in copyright law allow the copyright holder to control the commercial exploitation of the work, such as the rights to reproduce, distribute, and display the work. Moral rights are typically inalienable and cannot be waived or transferred, even if the copyright is sold, while economic rights can be licensed or assigned to other parties.
• Describe the role of the Berne Convention in establishing international standards for moral rights protection.
  • The Berne Convention for the Protection of Literary and Artistic Works is an international agreement that requires member countries to provide some form of moral rights protection. The convention establishes a minimum standard for moral rights, including the right of attribution and the right of integrity. By setting these international standards, the Berne Convention helps to harmonize the protection of moral rights across different legal systems and ensures that creators can exercise their moral rights even when their works are used or distributed in other countries.
• Analyze the significance of the Visual Artists Rights Act (VARA) in the United States and its impact on the protection of moral rights for visual artists.
  • The Visual Artists Rights Act (VARA) in the United States provides a limited form of moral rights protection for certain types of visual art, including paintings, sculptures, and photographs. VARA grants visual artists the rights of attribution and integrity, allowing them to prevent the distortion, mutilation, or modification of their works in a way that would be prejudicial to their honor or reputation. VARA represents an important step in the recognition of moral rights in the United States, which has traditionally been more focused on economic rights in copyright law. The Act's impact has been significant, as it has helped to elevate the personal and reputational interests of visual artists and has set a precedent for the potential expansion of moral rights protection in other creative domains.

Related terms

Attribution:

The right of the creator to be identified as the author or originator of the work.

Integrity: The right of the creator to prevent their work from being modified or distorted in a way that would harm their reputation or honor.

Disclosure:

The right of the creator to decide when and how their work is first made public.