Moral Rights
I N F O R M A T I O N SH E E T G 0 4 3 v 1 3 February 2012
Moral Rights
In this information sheet we give an overview of the “moral rights” of individual creators under the Copyright Act. These rights were introduced in December 2000. Moral rights for performers are discussed in our information sheet Performersʼ Rights. For detailed information, see our practical guide, also called Moral Rights. These rights are also discussed in our books Film & Copyright, Architects & Copyright and Photographers: Copyright & Moral Rights. For information about our other information sheets, other publications and seminar program, see our website www.copyright.org.au The purpose of this information sheet is to give general introductory information about copyright. If you need to know how the law applies in a particular situation, please get advice from a lawyer. We update our information sheets from time to time. Check our website to make sure this is the most recent version. Key points • • • • • Moral rights are personal legal rights belonging to the creators of copyright works and cannot be transferred, assigned or sold. Only individual creators have moral rights. Someone using copyright material may need to get consent from the creator as well as permission from the copyright owner. There are a number of defences and exceptions to infringements of moral rights. Courts can award a range of damages for infringements of moral rights.
What are “moral rights”? “Moral rights” are the rights individual creators have in relation to copyright works or films they have created. Moral rights are separate from the “economic rights” of the copyright owner, such as the right to reproduce the work or communicate it to the public. The creator of a work, who holds moral rights, is not necessarily the owner of copyright in the work. Creators have the right: • • • to be attributed (or credited) for their work; not to have their work falsely attributed; and not to have their work treated in a
Moral Rights
In this information sheet we give an overview of the “moral rights” of individual creators under the Copyright Act. These rights were introduced in December 2000. Moral rights for performers are discussed in our information sheet Performersʼ Rights. For detailed information, see our practical guide, also called Moral Rights. These rights are also discussed in our books Film & Copyright, Architects & Copyright and Photographers: Copyright & Moral Rights. For information about our other information sheets, other publications and seminar program, see our website www.copyright.org.au The purpose of this information sheet is to give general introductory information about copyright. If you need to know how the law applies in a particular situation, please get advice from a lawyer. We update our information sheets from time to time. Check our website to make sure this is the most recent version. Key points • • • • • Moral rights are personal legal rights belonging to the creators of copyright works and cannot be transferred, assigned or sold. Only individual creators have moral rights. Someone using copyright material may need to get consent from the creator as well as permission from the copyright owner. There are a number of defences and exceptions to infringements of moral rights. Courts can award a range of damages for infringements of moral rights.
What are “moral rights”? “Moral rights” are the rights individual creators have in relation to copyright works or films they have created. Moral rights are separate from the “economic rights” of the copyright owner, such as the right to reproduce the work or communicate it to the public. The creator of a work, who holds moral rights, is not necessarily the owner of copyright in the work. Creators have the right: • • • to be attributed (or credited) for their work; not to have their work falsely attributed; and not to have their work treated in a