Moral rights
Definition
Moral rights are personal rights granted to creators of works under the Copyright Act 1968 in Australia. These rights exist separately from economic rights such as licensing or selling and cannot be transferred, although creators can consent to certain uses. Moral rights protect the personal connection between a creator and their work.
There are three main moral rights. The right of attribution, which ensures the creator is properly credited. The right against false attribution, which prevents others from being credited wrongly. The right of integrity, which protects the creator from derogatory treatment of their work. For example, a filmmaker has the moral right to be named as the director of their film and to prevent it from being edited in a way that damages their reputation.
Advanced
Moral rights apply to creators of literary, artistic, musical, dramatic, and cinematographic works, as well as performers. They remain with the creator even if copyright ownership is transferred. Infringement occurs when a creator is not credited, is falsely attributed, or their work is distorted, mutilated, or used in a way that harms their honour or reputation.
Businesses often manage moral rights through contracts that include creator consent for certain uses, such as adaptations or modifications. However, consent must be informed and not coerced. Remedies for infringement include injunctions, damages, or orders for correction. Unlike economic rights, moral rights cannot be waived completely in Australia, making compliance essential in industries such as publishing, advertising, and film.
Why it matters
Use cases
Metrics
Issues
Example
An advertising agency uses an artist’s illustration in a campaign but modifies it heavily without consent. The artist claims infringement of their right of integrity under the Copyright Act 1968. The agency is required to compensate the artist and remove the modified work from use.