The concept of Moral rights was first introduced into the Australian law under Copyright Act 1968 (Cth) Part IX in 2001. Such rights act as personal as well as inalienable. These can be granted to authors and performers personally and these can also be exercised by them. Typically, it falls under the scope of Intellectual Property that protects your idea.
Concepts That Come Under the Following Rights
Given below are some of the basic rights that come under the Copyright and Moral Rights Act.
The Right of Attribution
The corresponding right assists in providing recognition to the original work of literary, musical or dramatic works. It helps in identifying the creator of work whenever that content is reproduced, adapted, performed, published, communicated, published or reproduced.
The Right of Not Having Authorship Falsely Attributed
According to many professional patent law assignment help
experts, who assists students with all the assessment related tasks in their academics, the corresponding right is about not to insert any person’s name in using someone else’s work. It contains some exhaustive set of items that constitute false attribution related to a different category of work.
The Right of Integrity
The following right helps in protecting the honour and reputation of the creator by preventing their work against all the derogatory treatment. Such derogatory treatment can occur in the form of distortion, alteration as well as mutilation of a particular work.
Under the following copyright and moral rights act, authors are required to consent to some specific treatments of their work. They can also raise defense cases if they think their work is used poorly or without their permission.
Who Can Own These Moral Rights?
Let us look into the depths of who can own the respective moral rights.
- The creator of a musical, dramatic, literary and artistic works can own moral rights. We can see the instance in the form of the principal director, principal screenwriter as well as the producer of a film; all have the respective moral right in a movie.
- There are only individuals who can have these moral rights. Suppose a film producer is a corporation, then it cannot have any moral rights in the film. But, if there is any group of individuals, they all can claim their moral rights as co-creators.
- Such moral rights cannot be bought or sold to anybody. However, in case of the creator passes away, such moral rights can be exercised by any personal representative of the creator.
Time Period of These Moral Rights
The duration or the time period of such moral rights always depend upon the nature of the corresponding right as well as the nature of the creative work.
- The attribution right continues to be in force until the copyright in the corresponding musical, dramatic, artistic, literary works expires. It usually happens 70 years following the death of the creator.
- Under the copyright and moral rights act, the integrity of such works continue to be in force until the copyright of a particular work expires; however, the moral right integrity of such cinematograph film continues for the lifetime until the director, producer or screenwriter of that film ceases upon death.
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