Moral rights

Non-transferable moral rights require reproduced items to be appropriately referenced and attributed.

These rights are:

The right of attribution

  • The creator's right to recognition as a creator of a work; this includes;
    • the right to be known as the creator of a work
    • the right to prevent others from claiming to be the creator of a work.

False attribution rights

  • The right not to have authorship falsely attributed; this includes;
    • the right to prevent the false attribution of works to the creator
    • the right to prevent attribution to the creator of unauthorised altered versions of a work.

The right of integrity

  • Awards creators the right to object to derogatory treatment of their work, and covers:
    • changes made to the work itself (i.e. distortion, mutilation or other modification of the work), or
    • the manner in which the work is presented (for example, adapting a work in an inappropriate way (while not restricting the scope for satire, spoof, parody or burlesque), publishing a book with an inappropriate and offensive cover, displaying an artwork in inappropriate circumstances, or in juxtaposition with other works which are unsuitable).

Moral rights are separate, distinct and independent of the economic property rights protected by copyright.

Moral rights are automatically awarded to the creator or author of a literary, dramatic, musical or artistic work, or a maker of a film (includes director, producer and screenwriter). Moral rights do not attach to musicians, singers or film and television actors.

Moral rights are applicable to any work in which copyright subsists, except for those films and works included in a film made prior to the commencement of the Act. The rights remain with the creator, irrespective of the ownership of copyright, and remain in force for the duration of the copyright protection of the work.