The United States Copyright Law, along with international copyright law, is intended to protect the rights of authors and creators of certain copyrighted materials. Among these protected rights are their moral rights. This may arguably be a unique set of rights because, rather than concerning an author’s or creator’s economic interests, they have to do with their personal interests and overall reputation. With that being said, please continue reading to learn more about moral rights in the context of copyright law and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you obtain them.
What Are Moral Rights Under Copyright Law?
According to international copyright law, namely the Berne Convention for the Protection of Literary and Artistic Works, moral rights are defined as the rights “to claim authorship of the work and to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”
Essentially, this means that the creator of the work reserves the right to protect their work from damaging alterations. This is true even when the economic rights have been transferred or the work is licensed.
Right of Attribution
The right of attribution grants the creator credit for their authorship of the work. As such, they have:
- The right to be identified as the work’s creator
- The right to use a pseudonym or remain anonymous
- The right to prevent others from claiming false authorship
Right of Integrity
The right of integrity, on the other hand, allows the author to protect their work from alterations or modifications that would harm the character of the work. With this, the creator:
- Has the right to object to the distortion or mutilation of their work
- Has the right to halt any alterations that would damage their reputation
- Has the right to challenge any derogatory or misleading presentations of their work
How the United States Recognizes Moral Rights (VARA)
Namely, in the United States, your moral rights are covered in the Visual Artists Rights Act (VARA). By limiting the scope of works that are protected under VARA, this helps make eligibility easier to understand, as not every creative work qualifies for moral rights in accordance with federal law.
Types of Work Generally Covered Under VARA
Works commonly protected include:
- Paintings
- Drawings
- Sculptures
- Photographs (either that exist as a single copy or are part of a limited edition of 200 signed and numbered prints or fewer)
However, works that are commonly excluded from VARA include:
- Maps and globes
- Electronic publications
- Digital media
- Motion pictures and audiovisual creations
- Applied arts
- Industrial art
- Posters and commercial prints
How Long Do Moral Rights Last Compared to Economic Rights?
It’s important to understand that there are two types of rights that creators can receive – economic rights, which help protect against the financial exploitation of a work, and moral rights, which shield the integrity of a work and protect authorship. However, the duration of these protections will vary.
Duration Rules
Generally, you will find that economic rights typically last the creator’s lifetime plus an additional 70 years from their passing. Moral rights, on the other hand, only last for the lifetime of the creator.
You should also note that:
- The legal heirs of a creator cannot assume moral rights
- These rights are non-transferable or assignable
- It’s not uncommon for reputation and attribution disputes to arise after the passing of a creator
Can Moral Rights Be Waived?
While moral rights in the United States cannot be transferred or sold, it is possible that some rights may be waived in instances with multiple authors or contributors.
Waiver Conditions and Limitations
A valid moral right waiver must:
- Be in writing
- Explicitly identify the work
- Explain which rights are being waived
Creators may choose to:
- Waive rights for commissioned artworks
- Waive rights for public or collaborative projects
- Waive rights for business or professional reasons
However, as mentioned, creators cannot license or sell their moral rights.
What Happens if Someone Violates Your Moral Rights?
In the event that you discover that someone has violated your moral rights, whether they have altered your work or claimed ownership, you may have remedies under federal law. However, the avenue you take to recover justice will depend on the type of work that has been violated and the evidence gathered to support your claim.
Enforcement and Legal Remedies
In the event that you are eligible for damages, you may be able to recover:
- Injunctions to stop alterations or mutilations of the work
- Restoration and correct attribution
- Monetary damages
- Potential for federal court action
As such, if you believe your moral rights have been violated, you should:
- Gather as much evidence as possible of the violation
- Do not confront the infringing party directly
- Contact an intellectual property attorney as soon as possible
Speak With a New Jersey Intellectual Property Lawyer
Discovering that the moral integrity of your work has been violated by another party can be devastating. As such, it is in your best interest to connect with an experienced attorney with Ingber Intellectual Property Law. Our team will do everything in our power to assist you through these difficult times. Connect with us today to learn more about your legal rights.