Abstract

The moral rights of the author or creator of a copyright work, as distinct from the rights of ownership of the copyright, are (a) the right to be identified as the author (paternity right), (b) the right to object to derogatory treatment of the work (integrity right) and (c) the right not to have a work falsely attributed. These rights may be waived in writing by the person entitled to the right, may be generally or specifically waived, conditionally or unconditionally waived, and a waiver may be expressed to be revocable at any time. Even though the 1988 Act requires a waiver to be in writing, the common law on waiver and estoppel still applies in relation to this area. The owner of the copyright in a work may not always be the same person as the owner of the moral rights in that work. Copyright is an economic-based right whereas moral rights protect the artistic rights of the creator.

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