Moral rights

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 Higher
category: Propert
y and Property
law
 v
 t
 e
Moral rights are rights of creators of copyrighted works generally recognized in civil
law jurisdictions and, to a lesser extent, in some common law jurisdictions.
The moral rights include the right of attribution, the right to have a work
published anonymously or pseudonymously, and the right to the integrity of the work.
[1]
 The preserving of the integrity of the work allows the author to object to alteration,
distortion, or mutilation of the work that is "prejudicial to the author's honor or
[2]
reputation".  Anything else that may detract from the artist's relationship with the
work even after it leaves the artist's possession or ownership may bring these moral
rights into play. Moral rights are distinct from any economic rights tied to copyrights.
Even if an artist has assigned his or her copyright rights to a work to a third party, he or
[3]
she still maintains the moral rights to the work.

[4]
Moral rights were first recognized in France and Germany,  before they were
included in the Berne Convention for the Protection of Literary and Artistic Works in
 [5]:37
1928.  Canada recognizes moral rights (droits moraux) in its Copyright Act (Loi

[6]
sur le droit d'auteur).  The United States became a signatory to the convention in

[7]
1989,  and incorporated a version of moral rights under its copyright law under Title
17 of the U.S. Code.

[5]:44–45
Some jurisdictions allow for the waiver of moral rights.  In the United
States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but
[8]
applies only to a narrow subset of works of visual art.  "For the purposes of VARA,
visual art includes paintings, drawings, prints, sculptures, and photographs, existing in a
[9]
single copy or a limited edition of 200 signed and numbered copies or fewer" .A
photograph must be taken only for exhibition purposes to be recognized under this
subcategory. Independent art is not a focus of this waiver, for VARA only works in
protecting artwork that can be considered as having "recognized stature"; Some of the
items that are voided from VARA's protection include posters, maps, globes, motion
pictures, electronic publications, and applied art. The VARA grants artists two specific
rights. The first is the right of attribution. This allows an author to avoid the misattribution
of their work, and allows their ownership to remain anonymous. The second is the right
of integrity does its best to prevent distortion or modification of their work. This right can
ease an artist in their worries surrounding negative defamation directly applied to their
[9]
work affection their reputation. 

In the United States, moral rights are not transferable, and end only with the life of the
[9]
author. Authors may, however, waive their moral rights if this is done in writing.

Some jurisdictions like Austria differentiate between narrow and wide moral rights.
Whilst the former is about integrity of the work, the latter limits usages, which may harm
the author's integrity. Some copyright timestamp services allow an author to publish
allowed and disallowed usage intentions to prevent a violation of such wider moral
[10]
rights.
 Contents
 1Berne Convention
 2Worldwide situation
o 2.1Table
o 2.2In Europe
o 2.3In Canada
o 2.4In China
o 2.5In Ghana
o 2.6In Hong Kong
o 2.7In India
o 2.8In Macao
o 2.9In Taiwan
 o 2.10In the United
States
 2.10.1Visual Artists
Rights Act
 2.10.2Adaptation
right
 2.10.3Lanham Act
 2.10.4Courtesy of
non-attribution
 3See also
 4References
 5Further reading
Berne Convention[edit]
Through the Rome Revision of the Berne Convention in 1928, the Berne Convention
accepted two forms of moral rights; paternity and integrity. These rights are included in
Article 6bis of the Berne Convention as follows:
Independent of the author's economic rights, and even after the transfer of the said
rights, the author shall have the right to claim authorship of the work and to object to
any distortion, modification of, or other derogatory action in relation to the said work,
[2]
which would be prejudicial to the author's honor or reputation.