What Are IP Moral Rights?

What Are IP Moral Rights?

IP moral rights represent a legal obligation for individuals to treat creators with respect. They allow creators who no longer own the copyright to their work, to still retain rights in certain forms. These works include things like text, audio recordings and performances. The Copyright Act 1968 (Cth) (‘The Copyright Act‘) protects these rights in Australia. However, unlike copyright, these rights cannot be sold. They exist to ensure creator integrity. Here we discuss these rights and provide examples of their implementation.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Table of Contents

Moral rights of attribution

This right means that whenever the work of a creator is reproduced, the original creator must be provided credit. You will have likely seen examples of this on Instagram, where pages will provide credit to the photographer.

Moral rights against false attribution

There is a moral right to not credit the wrong person as the works original creator. This does not protect accidental acts, however. The false attribution must be made with the intention to mislead. The Copyright Act outlines the many scenarios in which these false attributions may occur. For example, the wrong name purposefully appearing on a movie poster. Likewise, omitting the true creator’s name may imply false attribution.

Moral rights of integrity

This is the right of the creator to have their work treated with respect. In particular, that the work will not be altered in a defamatory manner. For example, re-editing someone’s video to make it appear as if they have certain ideas or philosophies to damage their reputation.

Creators may consent

However, the creator retains the right to consent to any of these rights being broken. For example, they may consent to have their work falsely attributed for artistic reasons. It is common for contemporary artists to do this as a statement piece.

Final thoughts

Ultimately, IP moral rights provide creators with the piece of mind that they retain the creative rights to their works even after they sell the copyright on. However, nowadays with the many platforms that exist online, these rights are broken more regularly than ever. If you are a creator and are concerned that someone may be using your work falsely, it is best to contact a lawyer to discuss potential actions.

Don't know where to start?

Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

You may also like
Recent Articles

Get the latest news

By clicking on 'Sign up to our newsletter' you are agreeing to the Lawpath Terms & Conditions

Share:

Register for our free live webinar today!

Price of Justice: Paying the Right Price for Legal Expertise

12:00pm AEDT
Tuesday 30th April 2024

By clicking on 'Register for webinar' you are agreeing to the Lawpath Terms & Conditions

You may also like

Impartiality and objectivity are key traits of the law. The arm's length principle helps preserve this. Read more about this principle here.
A partnership agreement acts as the foundation for business partnerships. Breaches can cause serious harm to a business, but there are legal remedies available. Read this article to find out more about what solutions can be reached.
Want to learn more about the off-field legal matters that affect Australian sports? Find out more about sports law in this article.

Thank you!

Your registration is confirmed. Keep an eye on your inbox for an email with details on how to watch the webinar.