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Topic: Moral rights

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	Moral rights - Wikipedia, the free encyclopedia
		Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928.
		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 (i.e., it cannot be distorted or otherwise mutilated).
		Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned their rights to a work to a third party they still maintain the moral rights to the work.
	en.wikipedia.org /wiki/Moral_rights (768 words)

	Moral Rights Basics
		The term "moral rights" is a translation of the French term "droit moral," and refers not to "morals" as advocated by the religious right, but rather to the ability of authors to control the eventual fate of their works.
		Moral rights as outlined in VARA also allow an author of a visual work to avoid being associated with works that are not entirely her own, and to prevent the defacement of her works.
		Before VARA was passed, courts and commentators struggled to find moral rights in the "derivative work" provision of the Copyright Act, the laws of defamation, the rights of privacy and publicity, the doctrine of misappropriation, and especially the Lanham Act, which deals with trademarks and unfair competition.
	cyber.law.harvard.edu /property/library/moralprimer.html (940 words)

	20th WCP: Humanity and Moral Rights
		Performing both rights (in their protective and satisfied functions) does mean that the state has to establish all assumptions for the pursuing of these rights.
		Therefore, humanity and human dignity through moral rights are general expressions for the protection or performing of fundamental moral values of the individuals as well as humankind.
		I conclude that in ordinary situations, i.e., in situation of free and voluntary consideration and the action of a moral agent, there are prior moral rights of the individual, which are in accordance with rights and justified interests of other concerned people included in the social contract community.
	www.bu.edu /wcp/Papers/Huma/HumaGluc.htm (3737 words)

	Moral Rights and Copyright(Research Note 17 1998-99) (Site not responding. Last check: 2007-10-20)
		Moral rights are sometimes described as 'non-economic', as they are separate from the economic rights of copyright.
		(2)The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the country where the protection is claimed.
		Moral rights laws grant creators considerable power but this may be seen as simply proportional to the loss of reputation that they can suffer where their work is altered without their consent.
	www.aph.gov.au /library/pubs/rn/1998-99/99rn17.htm (1448 words)

	Moral Rights and Civil Rights
		Moral rights are justified by moral standards that most people acknowledge, but which are not codified in law, and therefore have been interpreted differently by different people.
		Kant's principle is often used to justify a fundamental moral right, the right to freely choose for oneself, and rights related to this fundamental right, sometimes called negative or liberty rights.
		Positive rights, therefore, are rights that provide something that people need to secure their well being, such as a right to an education, the right to food, the right to medical care, the right to housing, or the right to a job.
	www.scu.edu /ethics/publications/iie/v3n1 (1237 words)

	Human Rights [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-10-20)
		The existence and validity of a moral right is not deemed to be dependent upon the actions of jurists and legislators.
		Her right to receive an adequate education is a claim right held against the local education authority, which has a corresponding duty to provide her with the object of the right.
		Morality is fundamentally concerned with what ought to be the case, and this cannot be settled by appeals to what is the case, or is perceived to be the case.
	www.utm.edu /research/iep/h/hum-rts.htm (10683 words)

	Animal rights - Wikipedia, the free encyclopedia
		Animal rights is the concept that all or some animals are entitled to possess their own lives; that animals are deserving of, or already possess, certain moral rights; and that some basic rights for animals ought to be enshrined in law.
		Although Singer is the ideological founder of today's animal-rights movement, his approach to an animal's moral status is not based on the concept of rights, but on the utilitarian principle of equal consideration of interests.
		His 1975 book Animal Liberation argues that humans grant moral consideration to other humans not on the basis of intelligence (in the instance of children, or the mentally disabled), on the ability to moralize (criminals and the insane), or on any other attribute that is inherently human, but rather on their ability to experience suffering.
	en.wikipedia.org /wiki/Animal_rights (3739 words)

	Moral Rights of Authors in USA
		These moral rights of the author are perpetual, inalienable, and descend to the heirs of the author, even after the author transfers the economic rights (i.e., copyright) to another person or company.
		Conceivably, under the doctrine of Moral Right the court could in a proper case, prevent the use of a composition or work, in the public domain, in such a manner as would be violative of the author's rights.
		The 'moral right' doctrine, as applied in some countries, includes very extensive rights which courts in some American jurisdictions are not yet prepared to acknowledge; as a result, the phrase 'moral right' seems to have frightened some of those courts to such an extent that they have unduly narrowed artists' rights.
	www.rbs2.com /moral.htm (3304 words)

	Copyright Amendment (Moral Rights) Bill 1999 (Bills Digest 99 1999-2000) (Site not responding. Last check: 2007-10-20)
		Moral rights exist because in some sense creative material is an emanation or extension of the creator's personality, and what is done with his or her material may affect his or her standing and reputation.
		'Moral rights' is defined to mean the following three rights recognised in the new part: the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship (the right of integrity).
		It is proposed to examine the three moral rights in turn, and then some general provisions relating to the duration and exercise of the rights, and remedies for infringement.
	www.aph.gov.au /library/pubs/bd/1999-2000/2000BD099.htm (3567 words)

	Colorization and "Moral Rights" of the Artist
		In short, the moral right of an artist is "usually classified as a right of personality," which is not to say, the same thing as the right of paternity or property rights.
		This very distinction between the rights of an artist in his property, which is the artwork he has produced, and his rights to preserve his integrity and to control how his personality, his name and his being are exploited through that work, has led to four distinctive rights.
		Right of Disclosure is the right that gives an author the exclusive right to determine whether the work he has decided to create is complete; and the right to decide where and how he will reveal it to the public.
	www.taradji.com /color.html (4071 words)

	Ethics [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-10-20)
		A third area of moral psychology focuses on whether there is a distinctly female approach to ethics that is grounded in the psychological differences between men and women.
		Rights and duties are related in such a way that the rights of one person implies the duties of another person.
		Moral issues, by contrast, concern more universally obligatory practices, such as our duty to avoid lying, and are not confined to individual societies.
	www.utm.edu /research/iep/e/ethics.htm (6475 words)

	Artquest > The Artlaw Archive > Current Copyright Legislation > Copyright and Moral Rights: New Legislation ... (Site not responding. Last check: 2007-10-20)
		Right to be identified as author; whenever their work is published commercially, exhibited in public, televised (broadcast, cable or satellite), included in a film shown in public or in copies of such a film issued to the public
		The third right, false attribution in all three situations described (Keating, Hogarth and Dali), lasts for the author's lifetime plus twenty years after death and actually exists as law today, being simply re-enacted with slight improvements for the sake of completeness.
		Quite separate from makers' moral rights, another moral right (so-called) is given to commissioners of private or domestic photographs; it is the right not to have
	www.artquest.org.uk /artlaw/copyright/moralrights.htm (2146 words)

	Copyright Moral Rights (Droit Moral) - MegaLaw.com
		Moral Rights for Cinematographers - Australian Cinematographers' Society Submission to the Australian Senate Legal and Constitutional Legislation Committee, April 1997.
		Moral Rights of Authors in the USA - 1998 article by Ronald B. Standler.
		The Moral Rights of Droit Moral: France's example of Art as the Physical Manifestation of the Artist - By Sheri Lyn Falco.
	www.megalaw.com /top/copyright/copyrightmoral.php (622 words)

	Intellectual Property Guide: Moral Rights (Site not responding. Last check: 2007-10-20)
		That right is independent of the physical object: the artist for example retains moral rights even though she has sold the canvas.
		(2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the country where the protection is claimed.
		The Moral Rights provisions in the Canadian Copyright Act provide for a right of integrity and a right "where reasonable in the circumstances" to be "associated with the work as its author by name or under a pseudonym" (including a right to remain anonymous in relation to that attribution).
	www.caslon.com.au /ipguide17.htm (2467 words)

	Moral Rights (Site not responding. Last check: 2007-10-20)
		Moral rights are newly recognised legal rights relating to one’s reputation in connection with one’s work.
		The right not to have authorship falsely attributed.
		Just as you can contract to ensure your moral rights, you can also contract out of some of them, as long as it is specifically stated — for example, a contract may contain a clause allowing the publisher to make certain kinds of amendments to the index.
	www.aussi.org /profissues/moralrights.htm (532 words)

	Moral Rights
		The second is the right to object to his or her name being attributed to something he or she did not create.
		Moral Rights are extremely important in an electronic environment - it is extremely easy when downloading material to either omit the original author's name or to cut and paste material in a manner that might be considered derogatory.
		Nonetheless, you may be infringing the Moral Rights of the creators because either you fail to mention the author's name in the material you deliver and/or because you are only offering a portion of the original material, this may present a biased view of the author's thoughts on the topic, and is therefore derogatory treatment.
	www.ariadne.ac.uk /issue4/copyright (1244 words)

	THE MORAL RIGHTS OF DROIT MORAL: France's example of Art as the Physical Manifestation of the Artist (Site not responding. Last check: 2007-10-20)
		The right of attribution respects the authors right to be identified with her work, as well as the right not to be identified through the use of anonymity and psedonymity.
		This right gives the author the ability to ensure whether the work is a true representation of her personality by forbidding any unconsented alteration or modification of her work.
		This right essentially creates a continual right of disclosure, in that the artist, even after the transfer of the work has occurred, has the right to decide if the public should continue to have the "privilege" of viewing the work.
	www.ibslaw.com /melon/archive/206_moral.html (833 words)

	[PAML] Copyright explained (Site not responding. Last check: 2007-10-20)
		Although rights in relation to 'other' subject matter are often referred to as 'neighbouring rights' in Europe, all rights are treated as 'copyright' under Australian law.
		The rights of non-exclusive licensees are therefore not as strong as those of exclusive licensees.
		The likely rights will be the right of attribution and the right of integrity, similar to the rights currently being considered for authors, composers and other creators.
	www.acmi.net.au /PAML/toolbox/cr_exp.htm (6300 words)

	PublishersWeekly.com (Site not responding. Last check: 2007-10-20)
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	www.publishersweekly.com /AAR/MoralRights.html (418 words)

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