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 with regard to 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.”
In other words, two components make up this law: the right of attribution and the right of integrity. The right of attribution gives you the decency and courtesy of being recognized as the author or creator of a specific copyrighted material. Then, the right of integrity assures you that your copyrighted material cannot be altered in a way that may harm your reputation as its author or creator.
Namely, in the United States, your moral rights are covered in the Visual Artists Rights Act (VARA). However, VARA may mainly cover specific copyrighted materials that are considered to be visual arts, such as paintings, drawings, prints, sculptures, and photographs. And while you may be able to waive your moral rights under VARA, you may be unable to sell or transfer them to someone else. This is because, to reiterate, this has to do with your personal interests rather than your economic interests.
How long do these moral rights last for a copyright author?
Usually, rights that protect a copyright author’s or creator’s economic interests last for their lifetime plus 70 years. But rights that protect their personal interests, such as their moral rights, may only last for their lifetime.
Again, these rights cannot be sold or transferred by license or assignment. This may pose a challenge in maintaining an author’s or creator’s rightful attributions, integrity, and overall legacy after they have sadly passed on. So if you are an author’s or creator’s heir or legal successor, you may want to speak with a lawyer to understand better how to proceed.
We understand just how delicate this situation may be for you. If you need an emotional support system that doubles as a legal support system, look no further than The Ingber Law Firm. Retain the services of a skilled Essex County, New Jersey intellectual property lawyer today.
