Chapter 4 Key facts checklists

Moral rights

There are two types of rights labelled as ‘moral rights’ in the Copyright, Designs and Patents Act 1988 (CDPA):

●    Rights for authors, which implement the provisions of the Berne Convention, Art 6 bis (‘the Berne rights’):

    –   to be identified as author of a copyright literary, dramatic, or musical work or director of a film, provided it has first been asserted;

    –   not to have their copyright work subjected to derogatory treatment—that is, an alteration to the work that has an effect on the author’s honour or reputation.

These two rights are referred to as the rights of paternity and integrity, respectively.

●    Other rights of individuals, not necessarily authors:

    –   the right not to be falsely attributed as author of a literary, dramatic, musical, or artistic work or as director of a film;

    –   a right of privacy in privately commissioned copyright photographs and films that applies even if the commissioner is not the copyright owner.

(These two rights are not universally known as ‘moral rights’ outside the UK.)

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