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Moral Rights - A brief guide

Written by Michael Coyle on 31 July 2015

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The relevant sections can be found in the Copyright Designs and Patents Act 1988('CDPA'). Moral rights apply only to literary, dramatic, musical or artistic works and films. They do not apply in the case of sound recordings, broadcasts or typographical arrangements.

The rights of paternity, integrity and privacy last for the normal term of copyright, which is the life of the author plus 70 years. This was extended by statutory instrument from the life of the author plus 50 years following the implementation of Directive 93/98/EEC harmonising the term of protection of copyright and certain relatedrights by the Duration of Copyright and Rights in Performances Regulations 1995 (SI 1995/3297) and Copyright and RelatedRights Regulations 1996 (SI 1996/2967). The right to prevent false attribution is limited to 20 years after the death of the author.

Moral rights relate only to copyright and do not apply to any other forms of IPR.

The relevant sections are as follows:-

Sections 77-79

The right of paternity

The right to be identified as the author or director of a copyright work.

The right of integrity

Sections 80-83

The right to object to derogatory treatment of a copyright work.

Section 84

The right not to suffer false attribution of a copyright work.

Section 85

The right to privacy in respect of certain films and photographs.

These rights last for the life of the author plus 50 years although the right to prevent false attribution is limited to 20 years after the death of the author.

When do Moral rights NOT apply?

1. Work created by an employee
2. Work created in say computer programmes

The Performances (Moral Rights, etc) Regulations 2006 (SI 2006/18) (2006 Regulations) came into force on 1 February 2006. As a result two new key rights on performers were introduced namely

· The right to be identified as the performer of a qualifying performance.

· The right to object to derogatory treatment of a qualifying performance.

 

 

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