Moral rights

Moral rights protect the relationship between a creator and their work and in particular the right to be identified as the author, the right not to have a work falsely attributed to you and the right to object to derogatory treatment. This is the case even if the creator no longer owns the work or the copyright in the work.

It also ensures that the creator is rightfully credited for the use of his work. The ‘moral’ element is also established by the protection of the creator’s work from being treated in a derogatory manner.

Moral rights may not apply in certain situations, for instance where the work is produced in the course of employment or where the work is made available with the consent of the creator.

Where copyright work is a film, the author may be the producer and principal director jointly (if they are separate people). A producer may have the right not to have copies of their work issued or exhibited or broadcast to the public, when they have created a film or piece of work for private or domestic purposes, and copyright subsists in the work. However, a written agreement is usually the best way of dealing with all of the contributors’ rights.

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