AUSTRALIAN COPYRIGHT COUNCIL G043 INFORMATION SHEET sae Moral rights June 2006 4 vs infurmation sheet we give an overview of th the Copyright “hese igh were introduced in December 2000. in out information celp Performers” Rights and Free Trade Agreement t: detailed tomato, ee our pace gy : Fin & Copyigh, Architects: Copy ‘ormation about our other informati nop. /fewacoaynight.org.all ‘The purpose of this information shee ‘need to know how the law applies in 2 p ‘is Copyright Council lawyer may be able to gi Seer arts serves pray nif of educational institutions, bra "ww soayre-org.au/a@vic® Of « update our information sheets Key points A, Moral rights are personal leg assigned or sold. oH only individual creators ¢/ someone using copyright on copyright ownef, o/, There are a numberright Council Information Sheet G43 Moral rights , £ : have their work treated in a derogatory way, What types of material do moral rights apply to? Moral rights apply to i literary material suc artistic works such as paintings, rics and journal articles; h as novels, screenplays, poems, song iy ‘craft work, photographs, maps and plans: rawings, architecture, sculpture, musical works: dramatic works such as ballets, plays, Screenplays ad mimes computer programs; and cinematograph films such as feature Alms, commercials i ‘moral tights provisions, these eategories of are treated a the tins. and works included in Films Who has moral rights? tors have moral fights in relat dividual © ‘ine writer of a novels + the writer of a screenplay: he architect of a building: the composer of a song melody and the painter of a picLure: the choreographer of a ballet tn the case of films the following peop he principal director he principal producer (provided the Bredi + the principal screen writer. oral rights for performers whose perfo Trade Agreement Implementation Act Organisation Performances and Phonagram person who contributed to the sounds of PMoemation, see our information sheets Pedi tn Australia, there is no need to do anything) have created a copyright work of film. 10) mora rights However, in some countie voral rights in order to ber iS should 7 7 copies of the wark (for examp righ: Lo be identified as thlinn Copyright Council Information Sheet G43 Moral rights How long do moral rights last? We ive rights of atinbution and fale aturibution in relation to all works, and the eight of integrity in relation to ail works eacept ims, las! for the same period as copyright protection, (For (iims, each creators ight of integtlty ator's lifetime) lasts for the creators life plus 70 years. For more information, see our information lasts nly for that ¢ Generally, copyright protection hee! Duration of copyright Can moral rights be transferred? Moral rights are aiferent fom copyright, which consists of “econoime rights” (such as the Fight to reproduce the so}, whieh can be assigned or Keensed. Creatars cannot assign, transfer or sell thelr moral rights. Creators ca”) wee kotsent for uneir work to be used In specific ways, but eannot assign the right to grant such consent \inere moral rights continue after the ereators death, they would be administered By the cteators legal personel cepresenialive Right of attribution ‘ Crontors have a righ to be attributed (or credited) when their work i used in certain we smusial and artistic works can take action for any fallure to attribute ener 2000 (regardless of when the wotks were orginally created), {0 literary, dramatic, musical eaters of copyright in iterary, dram ser that take placeson or after 2 De right of aliribution applies to films made on or after 2 December 2000. ant ree bite tos ietuded sn filme made on or ater this dates This means nileled before 21 December 2000 cannot take acta ie to at or a Bey -A’vihen does a creator need to be attribute Creators of copyright material have the right to be attributed wh 4 ee veproduced’ (auch as by making photocopies, copying it By hand, re pe, scanning it cis computer disk or printing out a copy oF a digital file); t communicated” to the public (such as ‘emailing digital files containing the » cgeator has no} stated the Way 19 Whi ‘ominent? form o} identification may be as Haplation would be aware of the creators nai There are a number of factors to be taken | ‘outlined below, under the heading “De 0 Woe 1986 Strawberry Hills NSW 2042‘Australian Copyright Council Information Sheet G43 Moral rights Right of false attribution futhots of literary, dramatic, musical their works falsely attributed. This righ ave the rignt not to have the authorship of and antic works ap fsb 2 _ yefore the changes in December 2000. Wnt was already in the Copyright. Act be oise altsbulion means crediting the wrong person as the creator af the Work: OF Crediting the creator of a work that Mas been altered without acknowledging the alterations knowingly deal with or communicate a falsely attributed vierk It is also an infringement of this right to When is it OK to falsely attribute the author? alse aturibution does not infringe the creators ights ifthe creator has given writven consent: the heading "Defences to infringement’ that there ts no defence of “reasonableness” for false attrition, ‘See below, under rote Right of integrity ‘he right of integrily is the creator's righ aot to have his or het Ys tics os of copr gio titerary, dramate, musical and artistic wod cee RTE ine ore in 3 derogatory manner on or after 21 Decem treated te right of ntegety apis to films made on of after 22 Dee seeks "ae incloded in” fms made on of after this dates 1 Sirpstee before 71 December 2000 cannot. take action fer dog ee i js “derogatory” treatment Desogatorytfeatment” means doing anything in relation reputation, This could inludes ‘ a toting ating mately al + «in the ease of atte wots, dsteyng y creator's honour or reputation, Someone who imports material for commercial creator's moral rights, may him or herself infin Sinjply alering a work, or treating it in a way tiiors roma rights: there is also a requirement th { roputalion. Jo date, thete have been no cases I ioiy that Australian courts would require some har simply of hur! feelings, before they would f a Iheve are a number of factors to be taken into ined below, under the Wading Oe 70 Hox 1986 Strawbort ils NSH‘Australian Copyright Council Information Sheet G43 Moral rights ne Special exceptions to infringement of the right of integrity There are special excentions to infringement of the right of integrity in relation to artistic works (including buildings and arehitectural drawings). IL not an infringement of moral rights to 'y A moveable artistic work, if the creator, or the creaior’s representative, Is given a reasonable pporlunily to remove the work; oF change, relocate, demolish or destroy a bullding of which an artistic work forms part. oF to which itis affixed irovided cerain conditions (including the giving of notice ané provision af access fo the purpose of making = «ecord and consultation) are met; + change, relocale, demolish or destroy a building, provided cerlain conditions (Including the giving of notice 4nd provision of access for the purpose of making a record and consultation) are met; or remove or telatate site-speciic artworks, provided certain conditions (including the giving of notice and rovision of access for the purpose of making a record and consultation) are met. ve a work 1 is nol an infringement of moral rights to do anything in good faith to restore or pr Consent The Copyright Actggts out Several A fsteat seainde OP Mp lea te RtenE Ne MMM IR Ener ghks h creator who is an employee of the person wanting the consent ean give a wide-ranging consent covering alt material created in the course of employment, Similarly, a very broad consent to infringement of moral rights can be given by a creator whose workin, or wil be Inlied in a Fn. Othe ereatars cannot give sch wide ranging consent. Reasonableness A fue to subtest Speer eT wo hls ithe action was “ensonable” in the Eeumstances. the creator's Tive Act sets out a number of factors to be taken into ‘was feasonable, hese include: + the nature of the work: the purpose, manner and context for which it + relevant industry practice, whether the work was created in the course of Ir the case of films, the creators of “ety 0 have moral gh val 5 aa B tf 9 film can enter into a written “co-authe an oder that any false at removed. 70 Box 1986 Strawberry Hills NSW 20%Australian Copyright Councittntorm, cA Pariah Councit Information Shoet G3 Morat rights 6 Thee are 9 mumber offen wh q factors which the td as anything done 1 dubs Gn i Fete decding he nent Fede the tats gut MY dein the propa ame, th Helire deciding whether of not to a Hearing ta Give Lhe patties an'pprca sya) muunetion, aeourt must consider wi Fes oppo to negts yaudament eat Me sould wou he raps i Nea nr ten ly ‘als embodied in new eopyrihl, works, asec Further information For further You may download and print one copy of this information purchase a printed copy from our online shop = btip://s Australian Copyright Council The Australian Copyright Council is a non-profit. a assist creators and other copyright Owners to exere wareness in (he community abput the impi identify and research areas of copyright (aw whi seek changes to law and practice te enhance faster co-operation amongst Boe Ae Australian Government