Moral Rights in Copyrighted Works

In Canada, in addition to the rights provided under Copyright protection for an artistic, literary, musical or dramatic work, there is another set of associated rights called Moral Rights.

Moral rights are automatic and apply to the first creator or author of a work. Moral rights generally include the following rights:

1) Right of association (e.g. to be identified as the creator or author of a work by name or under a pseudonym)
2) Right to publish a work anonymously 
3) Right to the integrity of the work (e.g. cannot be modified from its original form)

Unlike copyright, Moral Rights cannot be assigned to another party, they can only be waived.

For example, if copyright in a work is assigned from the original creator to another party, the Moral Rights will remain with the original creator unless they have waived these rights. Accordingly, when copyright is transferred from the original creator to you, it is important to ensure that the assignment document includes a Moral Rights waiver.

Need a Copyright Assignment & Moral Rights waiver prepared? Contact Sander Law today!

The above content is for informational purposes only and is not legal or professional advice.