Lecture 4 - Moral rights

Question 1

what is the origin of moral rights

Answer 1

• berne convention for the protection of literary and artistic works - compromise reached
• compromise resulted in the formal inclusion of moral rights in the uks copyright, designs and patents act

Question 2

why are moral rights necessary

Answer 2

• to encourage author-creators and prevent the unfair use of work but also to allow a good exploitation of the work by the entrepreneur with reasonable freedom
  -moral rights seek to reconcile the aims on both sides by providing long lasting rights against unfair use of the work, as well as allowing freedom for the entrepreneur

Question 3

what are the different moral rights available

Answer 3

• paternity right
  -integrity right
• the right for everyone not to have a work falsely attributed to him
  -the commissioners right of privacy

Question 4

what does the cdpa state about paternity right

Answer 4

s77(1) - the author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with s78

Question 5

how do you assert paternity rights

Answer 5

• right may be asserted generally or in relation to any specified act or description of acts - s78(2)
  -assertion can be done in the form of a statement included in the instrument assigning copyright in the work or by an instrument which must be in writing and signed by the author/director

Question 6

what are the exceptions to paternity rights

Answer 6

s79 - the right does not apply in relation to computer program and any computer generated work
the right doesnt apply in relation to publications in a newspaper etc or made available with the consent of the author
the right doesnt apply in relation to any work made for the purpose of reporting current events

Question 7

what does the cdpa state about integrity rights

Answer 7

s80(1) - the author of a copyright literary, dramatic, musical or artistic work and the director of a copyright film has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment
-this only applies to copyright work

Question 8

what are the exceptions to integrity rights

Answer 8

s81 - the right doesnt apply to a computer program or any computer generated work
- the right does not apply to any work made for the purpose of reporting current events
- the right does not apply in relation to publications in a newspaper etc or made available with the consent of the author

Question 9

what is the right against false attribution

Answer 9

• the author creator has the right to be identified in relation to a work only if they are really the creator of the work
  -a person may object to work thats been falsely attributed to them

Question 10

what is the right to privacy in relation to commissioned photographs

Answer 10

• the commissioner of a photograph or film for private and domestic purposes is protected from having copies of it issued to the public
  -anyone who issues such photos to the public infringes this right

Question 11

what are the exceptions to the right to privacy

Answer 11

include that the right is not infringed in a case of the incidental inclusion of the work in an artistic work, film or broadcast - s85(2)

Question 12

what does s87 state about consent in relation to these moral rights

Answer 12

• moral rights are not infringed when the author-creator has consented to the act
  -cdpa allows moral rights to be waived when the person giving up the rights does so in a written and signed document