|
What
are moral rights? Following
the passage of the Copyright
Amendment (Moral Rights)
Act 2001, all
Australians should now be aware of their moral rights
and artists especially
so. Moral Right will
typically be the concern of artists and authors but
when someone writes a letter they become an author
and their letter is protected not only by copyright
but also by Australia's new Moral
Right s legislation. This is so when the letter
is a business letter, a love letter and even so when
it's a letter to an editor albeit that has yet to
be test in a court.
"Moral
rights are a type of copyright that are designed
to protect the reputation of an [author]. They are
'non-economic' rights
as they do not directly confer a financial return.
Unlike copyright, moral rights cannot be bought or
sold or otherwise traded, Consequently, even though
the [author] of a given [text, image, artwork] may
have sold (or never owned)
the copyright to [the work], she or he is still
considered by the law to be the author and thus still
retain the moral rights.
There
are basically two moral rights.
The right of attribution (including
the right against false attribution). This
is the right of the author to be identified as the
author of the [work/text] (as
well as to object to false identifications).
For example, if you print a photograph in a magazine,
it is a good idea to print the photographers name
next to the image.
And (2) The right of integrity. The right of integrity
is infringed if the work or film is subjected to derogatory
treatment which is prejudicial to the author's honour
or reputation. Derogatory treatment has been defined
to include: 'material distortion,
mutilation or material alteration of a work'."
<http://www.pictureaustralia.org/c_right.html>.
Moral
rights have the same duration as ordinary copyright
but the right of integrity ceases to exist with the
death of the author.
|