Intellectual Property: Copyright - Guides
Copyright
5. Moral Rights
Last updated: 10 Jul 2015
- Moral rights are personal rights protecting the integrity and attribution of the creator including:
- the right of integrity which is the right to not have the work subjected to derogatory treatment;
- the right of attribution which is the right to be identified with the work; and
- the right against false attribution which is the right to not have the work falsely credited to another person.
- Moral rights cannot be transferred by assignment or be licensed. However they can be waived by written consent from the creator.
- Moral rights may also be deemed to be waived if this is considered to be reasonable.
- Relevant factors to determine what is reasonable include:
- the nature and purpose of the work;
- industry practice; and
- whether or not the creator made the work as an employee in the course of employment.
- Remedies for a breach of moral rights include:
- an injunction;
- damages;
- a declaration that moral rights have been infringed;
- an order for a public apology; or
- an order that any false attribution or derogatory treatment be removed or reversed.
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