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“Moral rights” refer to inherent rights held by all humans or reserved for creators of art in copyright law. These rights may not be universally enforced and include the right to attribution and the right to protect the integrity of the work.
The term “moral rights” is used in two different ways in law. The oldest sense is that of rights held to be inherent in all human beings that do not need to be made explicit in the law. These rights are also sometimes called inalienable or natural rights. In the more modern context, they are rights reserved to the creator of a work of art and are associated with copyright law.
In the first sense, some theorists believe that moral rights underlie all human societies. These rights do not need to be guaranteed by government to exist, although there may also be laws relating to these rights. An example of a moral right might be the right not to be enslaved, even though, as historical evidence shows, not all societies have applied this supposedly universal right to all people.
Rights considered universal may also be subject to different cultural beliefs and values. Fundamental human rights described in documents such as the Universal Declaration of Human Rights are sometimes described as moral rights to which all human beings are entitled. However, enforcement of these rights is not universal, and some countries have laws that actively violate these rights. Philosophers and jurists have had several heated debates about these rights and where the lines should be drawn.
In the area of copyright, moral rights allow creators to control their work even if they assign the copyright to another person or entity. Internationally, the status of these rights in copyright law varies. Some nations outline and respect these rights, while others do not. Two issues are covered by moral rights. The first is the right of attribution. Artists have the right to correct incorrect attribution or to remain anonymous, regardless of who controls the copyright on the work.
The second is the right to protect the integrity of the work. If an artist believes that the use of a work compromises the integrity of the work or the artist’s reputation, permission to use the work may be revoked. Once an artist dies, integrity is no longer protected because the artist’s opinion on the subject is no longer available. Whether or not it is a monetary issue, the artist has an opportunity to protest a particular use of a work. Moral rights allow artists to refuse uses or adaptations of their work if they disapprove or feel that the use could cause reputational damage.
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