Moral
rights are granted to the authors of literary, dramatic, musical and artistic works and to film
directors. Moral rights are quite distinct from copyright. Four categories of moral rights
are
associated with authorship:
- The
right to be identified as the author or creator;
- The
right not to have work subjected to derogatory treatment;
- The
right not to have a work falsely attributed to the author; and
- The
right of privacy of privately commissioned photographs and films.
The
right to be identified is most commonly asserted as it must be in writing to be enforced. This
right does not apply to computer programs, typeface designs, and any computer- generated work,
but can apply to designs such as screen displays or works such as software user/reference
manuals. It also applies to authors of electronic materials, such as electronic journal articles.
Further, it does not apply where copyright has been originally owned by an author’s employer if
in
a relevant employer/employee situation.
All
moral rights, except false attribution which continues to subsist for a period of 20 years after
the author’s death, last as long as copyright subsists in the work. A moral right can be
waived in
writing signed by the person giving up the right, but the right cannot be assigned.
