Moral rights - something that you can take with you


If deep down you are a Latin, fiery-tempered, Hemingway sort caught in the world of the metro male, then moral rights are for you, as they are about honour, respect and reputation. 

Moral rights are: 
1. For attribution of authorship. Meaning, when people use your holiday photographs, they must say that it was your creative work. This right can often be waived in common law countries like Australia, which is a great relief in the case of some works. 
2. Against your work being falsely attributed to another. If you create something worthwhile, other people will step forward to say it is theirs. In some cases, they are right. 
3. For integrity of authorship against derogatory treatment of your work. This means unauthorised alterations, or, more hysterically, “distortions and mutilations” that are prejudicial to your honour or reputation, for instance, alterations which associate the author with something that he is not, e.g., strong drink, or places doubt on the author’s skills, e.g., lousy in bed or bad at driving. 
It is a defence if the use was reasonable. It is a subjective test taking into account your feelings.
The court will look at the nature of the work, the purpose for which it is used and the manner and context of use, for instance, the author’s investment of his personality in the creation of the work. Therefore, in moral rights, as in law, a huge ego can give you quite an advantage. 
Moral rights are only available during your lifetime; they are one of the few things that you can take with you. 
Disappointingly, moral rights are about injunctions and public apologies rather than money. Of course, you can claim compensation, but if you really are the fiery, Hemingway sort, the insultingly low damages awarded by a court may just set you off all over again.




© Paul Brennan 2010-2019. All rights Reserved.



Location: Birtinya Sunshine Coast Queensland

Comments

Post a Comment

Popular posts from this blog

What’s in a name? Trade marks and the law

Image
Just as in horror movies when the hero decides to enter the spooky room at end of the hall there are plenty of people advising against “Do it Yourself” (“DIY”) trade marks. In fact, there is a whole industry of lawyers and trade mark agents advising against it. The fun of trade marks is that they stop your competitors copying the unique way you do something. In the case of Coca Cola this is quite understandable. In the case of the New Zealand ice cream seller who by registering a musical trade mark stopped their competitors playing Green Sleeves, it is a service to humanity. Who could not support Harley Davidson wishing to trade mark the Harley Davidson engine rumble? This could keep so many of those ageing imitators off our streets? When someone is considering whether or not to instruct a lawyer to register a trade mark on their behalf, they will probably take note of the government website, which is so invitingly user-friendly (always a dangerous sign). It offers a procedure which is...
Read more

The most popular podcasts

Image
  Over three years ago, Paul Brennan started  The Law ® podcast .  Since that time, the five most popular podcasts have been: The man with four lawyers Insolvent trading-is everybody at it? How far are you prepared to go? Winning not always a joyous experience Why read The Art of War Search for the Law ® podcast by Paul Brennan or  click here . It is on Apple, Spotify and many other platforms. The Law ® podcast - Short clips on legal topics with a quirky outlook, but of real, everyday application with wry humour and the odd belly laugh.   #podcast #law SPONSORED BY
Read more

Coping with the Wicked Step Mom in your life

Image
Why did Walt Disney not have something cheesy to say about Step Mothers? Answer: they are a thoroughly bad lot, that’s why. Luckily you decided not to marry again (yet) and although suspicious of the new lady in your life, your adult children have not been too hostile (yet). After three years or so, your minds will turn to making wills. She has no children and is prepared lovingly to give everything to you. You want to see her right but to look after your own children too. You decide to consider carefully what your children will want. Within seconds you guess, “everything”. She will want your home. You give it to her for the duration of her life and then it will go to your children. On your death your children will do the “math” and decide that “your lady” has at least 30 years to go and may see them out. She may make a court claim for full ownership of the house. This is either because she is, understandably, fearful about her future security or a bit of an old bag depending on who yo...
Read more