What Are Moral Rights? Credit and Creative Work Explained

Moral rights protect personal interests connected with certain creative works. They are separate from copyright ownership and cannot be sold or assigned, although they can be waived. Certain moral rights can also pass to another person after death.

Lowdown

UK law recognises four main moral rights:

• Attribution: the right to be identified as the author or director of certain works.
• Integrity: the right to object to derogatory treatment of a work.
• False attribution: the right not to be falsely named as the creator of a work.
• Privacy: a right protecting people who commission certain photographs or films for private and domestic purposes.^[1][2]

Why It Matters

The right of attribution generally needs to be formally asserted before it can be enforced. This can be done through a signed written document, including a copyright assignment.^[2]

The right of integrity protects against derogatory treatment, such as distortion, mutilation or another alteration that prejudices the creator's honour or reputation. It does not automatically prevent every change to a work.^[2]

False attribution protects someone from being wrongly identified as the creator of a work. The separate privacy right applies to certain privately commissioned photographs and films.^[1][2]

Moral rights cannot be assigned, even when copyright ownership is transferred. However, the rights holder can consent to particular uses or sign a written waiver giving up specified moral rights.^[3]

If you create or commission work, check any moral rights clauses carefully, particularly where credit or significant alterations to the work matter.

Our Conclusion

Copyright ownership and moral rights are different. If attribution or protection against harmful alterations matters, check whether the relevant right has been asserted and whether any waiver is being requested.

Sources

[1] Intellectual Property Office, The rights granted by copyright

[2] Copyright, Designs and Patents Act 1988, Part I, Chapter IV — Moral rights

[3] Copyright, Designs and Patents Act 1988, section 87 — Consent and waiver of rights and section 94 — Moral rights not assignable