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Last update: PM Mon Feb 6

© Copyright Issues

 

All material published on this Website is copyright and the Moral Rights of the authors have been asserted. Reproduction without the written permission of the author is prohibited except for the purposes private study, research, criticism or review, as permitted by the Copyright Act
 

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.

 

 

..INDICATORS ON THIS SITE EXPLAINED

 

Where this indicator appears it means that the author's Copyright & Moral Rights are asserted as above Furthermore, even when the indicator doesn't appear the author's rights are asserted.
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Where this indicator appears it means that the author's Copyright & Moral Rights are asserted as above. However, the author(s) permits the work to be copied freely on the condition that their authorship is acknowledged and their Moral Rights respected. Sometimes they may also wish to impose some additional constraints if so they will be posted and explained on this site.
 
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Where this indicator appears it means that the author's Copyright & Moral Rights have been waived on the condition that those who copy the work and modify it in some way pass on the waived copyright they enjoyed to those copying their modification by asserting the 'copyleft protocol'