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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 04 June 2023

p. 30310. Moral Rightslocked

p. 30310. Moral Rightslocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter focuses on moral rights conferred by the Copyright, Designs and Patents Act 1988 on the authors of certain works to protect their non-pecuniary or non-economic interests. It begins by describing the nature of and rationales for grant of moral rights as well as a number of criticisms made about such rights. This is followed by a detailed consideration of the moral right of attribution or right of paternity, the right to object to false attribution, and the right of integrity. This discussion identifies when such rights arise (including the requirement of assertion of the attribution right), when the moral rights are infringed, and exceptions to such rights. The chapter also considers how far such rights can be waived.

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