Can a company have moral rights?

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Published by a LexisNexis IP expert
Last updated on 13/10/2017

The following IP Q&A provides comprehensive and up to date legal information covering:

  • Can a company have moral rights?
  • Moral rights
  • Exercising moral rights
  • Companies and moral rights

Can a company have moral rights?

Moral rights

The Berne Convention art 6 bis states that, independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work, and object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his/her own work, that would be prejudicial to his/her honour or reputation.

Moral rights are therefore personal to the author. Sections 77–79 of the Copyright, Designs and Patents Act 1988 (CDPA 1988), provide that the authors of copyright literary, dramatic, musical or artistic works and the directors of copyright film works have the right:

  1. to be identified as author or director (the right of paternity)

  2. to object to derogatory treatment of work (the right of integrity), and

  3. not to have work falsely attributed to them as author or director

Exercising moral rights

For further detail on exercising moral rights, see Practice Note: Moral

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Key definition:
Moral Rights definition
What does Moral Rights mean?

The Copyright, Designs and Patents Act 1988 confers a number of personal rights, known as moral rights, on authors that are additional to their economic rights. While copyright deals with economic interests, moral rights are about the reputation and integrity of the author that is publicly associated with the work.

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