Smit & Van Wyk Patent, Trademark & Registered Designs

Moral Rights in Copyright

Intellectual Property Attorneys

Moral rights refer to rights under copyright laws that protect the rights of the creators of the work. These rights fall within the scope of civil law and include rights such as the right to have a work published under a specific name or anonymous, and the right to have the integrity of the work protected. Copyright awards two types of rights – that of economic and moral rights. An author for instance, has the right to gain an income from the work created while a moral right will include the right to be recognized as the author of the work. Transferring of the rights to a work doesn’t include the transfer of moral rights. The creators of original and copyright protected work thus retain their moral rights to the works.

Moral rights are protected under the Berne Convention of 1928. The USA though doesn’t recognize all these rights as set out in the Berne Convention. One of the most important moral rights is the right to prevent misattribution of a work. Another important moral right is the right to keep a work from being distorted or modified in such a manner that it harms the creator’s reputation. Visual artists in the USA under VARA, which stands for Visual Artists Rights Act giving them the right to authorship and the prevention of the use of the artist’s name on work not created by the artist, right to prevent the mutilation or changing of the work that would harm the artist’s reputation, and the right to prevent any form of destruction of an art work. It is important to note that not all countries recognize the same rights in copyright. If you are an artist or author who wants to know your moral rights to a work, contact us at Smit & Van Wyk for an appointment.

Posted on 7 April 2011
Home / Copyright / Moral Rights in Copyright

Patent Attorneys
It is highly recommended that your claims be written by a qualified patent attorney or patent agent. The patent attorneys at Smit & Van Wyk provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing and prosecution.

Mauritius Trademarks
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee.

Franchise Attorneys
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

PCT National Phase Patents
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.