You may initially register your creative work with the United States Copyright Office to gain economic rights over it. That is, being that creating this original work may be your livelihood, you may have wanted to secure a means to earn compensation for its reproduction, public performances, etc., all while hindering outsiders from exploiting it for their financial benefit. But you may not fully understand that, at the same time, you may gain moral rights, which are arguably equally beneficial. Without further ado, please continue reading to learn the moral rights you may have over your copyrighted works and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you maximize their advantages.
What moral rights can I get over my copyright-protected works?
Under the United States Copyright Act, moral rights over your protected works may be divided into two categories: the right of attribution and the right of integrity.
Firstly, the right of attribution means that you should be granted the privilege of having your name attached to your creative work or exercising the choice to use a pseudonym or remain anonymous. For example, say you capture a photograph and give another party the right to reproduce and distribute it on your behalf. Well, this party should credit your chosen name with the photo rather than using their own.
Secondly, the right of integrity gives you the right to object to any changes made to your creative work that may jeopardize your reputation in your field. Going back to the photograph example, another party cannot edit this image in any way without your explicit consent. This distortion or manipulation may negatively alter the message you are trying to deliver or overall be perceived as less unique, impressive, and respected.
What specific types of works can I get moral rights over?
Importantly, the Visual Artists Rights Act (VARA) of 1990 was an amendment made to the United States Copyright Act that grants moral rights protection over exclusive types of creative works. Namely, to works of visual art. More specifically, this may include paintings, drawings, prints, and sculptures. Also, this category groups in photographs existing in a single copy or a limited edition of 200 or fewer signed and numbered copies. On the flip side, VARA excludes posters, maps, globes, motion pictures, electronic publications, and applied art.
Also, under VARA, your moral rights over a qualifying creative work are nontransferrable by a licensing agreement or assignment. This is unless you explicitly waive your rights in writing, for business or personal reasonings that make the most sense to you. Otherwise, you maintain your moral rights until the end of your lifetime. This is dissimilar to your economic rights, which may last for 70 years past your lifetime.
All of this to say, you most definitely have the opportunity to sue anyone who violates your moral rights over your eligible creative work. So, to give yourself enough time to develop a solid case, please be sure to get in touch with a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm as soon as possible. We look forward to hearing from you.