Commentary

187 Remedies for infringement of moral rights

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

187 Remedies for infringement of moral rights

| Commentary

187 Remedies for infringement of moral rights

An infringement of a moral right is actionable as a breach of statutory duty owed to the person entitled to the right, without proof of damage1. In an appropriate case, an author will be entitled to recover general and special damages and an injunction to restrain threatened future breaches of duty. In the case of an infringement of the paternity right (the right to be identified as the author or director of a work), it is anticipated that damages will reflect the loss of publicity, and therefore lost opportunity, which the omission to

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