Moral rights

The Intellectual Property Act enables authors of copyright literary, dramatic, artistic and musical works and directors of copyright films to enjoy personal as well as proprietary rights in their works. These personal rights are known as moral rights, the principal ones being the rights of paternity and integrity.

The Paternity (Attribution) Right

The right of paternity is the right to be credited as the author of a work. The Act requires the author of a copyright work to assert authorship in writing, that is claim the right to be identified as the author, in order to exercise the right of paternity. This should be done at contractual level and it is usual, in the case of published works, for the formal assertion to appear in the preliminary pages of the work.

The Integrity Right

The right of integrity is the author's right to object to derogatory treatment of the work. Derogatory treatment includes modification of a copyright work by any addition, deletion, alteration or adaptation that distorts the work or affects the honor or reputation of the author.

Because moral rights are personal in nature, they are inalienable, this means that they can not be transferred.


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