A COMPARATIVE STUDY OF MORAL RIGHTS ACROSS JURISDICTIONS: A STUDY OF MORAL RIGHTS ACROSS JURISDICTON
Moral Rights across different jurisdictions, highlighting how various countries recognize and protect these rights:
Comparative Study of Moral Rights Across Jurisdictions
What are Moral Rights?
Moral Rights protect the personal and reputational connection between creators (authors, artists) and their works.
These rights include:
Right of Attribution: The right to be recognized as the author.
Right of Integrity: The right to object to distortion, mutilation, or modification of the work that harms the creator’s honor or reputation.
Right of Disclosure: The right to decide when and how the work is first published.
Right to Withdraw: The right to withdraw the work from public circulation in some jurisdictions.
Moral rights are distinct from economic rights (which relate to commercial exploitation).
Comparative Overview by Jurisdiction
| Jurisdiction | Recognition of Moral Rights | Key Features | Duration | Notes |
|---|---|---|---|---|
| France | Strong and inalienable moral rights | Right of attribution, integrity, disclosure, and withdrawal | Perpetual, even after economic rights expire | Root of modern moral rights; cannot be waived |
| United States | Limited moral rights protection | Mainly for visual artists under VARA (Visual Artists Rights Act, 1990) | Life of author for VARA-covered works | Moral rights limited to visual art; no broad application |
| United Kingdom | Recognized under Copyright, Designs and Patents Act, 1988 | Right of attribution, integrity, and prevent false attribution | Life of author + 70 years | Moral rights can be waived but not assigned |
| Germany | Strong moral rights protection | Includes attribution and integrity | Life of author + 70 years | Moral rights last even after transfer of economic rights |
| India | Introduced under Copyright Act, 1957 (amended 2002) | Right of paternity (attribution) and integrity | Life of author + 60 years | Moral rights can be waived but not assigned; relatively new in Indian law |
| Japan | Recognized with strong protection | Right of attribution and integrity | Life of author + 50 years | Moral rights cannot be waived or assigned |
| Canada | Recognized under Copyright Act (Moral Rights provisions) | Right of attribution and integrity | Life of author + 50 years | Moral rights can be waived but not assigned |
Key Differences and Observations:
Scope:
France and civil law countries generally provide the broadest and strongest moral rights protections. Common law countries (US, UK) provide more limited or specific protections.
Waivability:
In civil law countries (France, Germany, Japan), moral rights are often inalienable (cannot be waived or transferred).
In common law countries (UK, Canada, India), moral rights can sometimes be waived but not assigned.
Duration:
Moral rights generally last for the life of the author and often continue after death, typically aligning with the duration of economic rights.
Nature:
Moral rights focus on the personal relationship between the author and the work, emphasizing honor and reputation rather than commercial interests.
Summary:
| Aspect | Civil Law Countries (e.g., France, Germany, Japan) | Common Law Countries (e.g., US, UK, Canada, India) |
|---|---|---|
| Strength of Moral Rights | Strong, broad, often perpetual | Moderate, narrower scope, limited duration |
| Waivability | Usually inalienable | Often waivable but not assignable |
| Duration | Life of author + 70 years or perpetual | Life of author + 50-70 years |
| Areas Covered | Attribution, integrity, disclosure, withdrawal | Mainly attribution and integrity |
Do write to us if you need any further assistance.
RELATED Blog
0 comments