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Holyoak and Torremans Intellectual Property Law

Holyoak and Torremans Intellectual Property Law (9th edn)

Paul Torremans
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date: 25 October 2021

p. 22714. Moral rightslocked

p. 22714. Moral rightslocked

  • Paul TorremansPaul TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter explains the moral rights of the author in a copyright context. Moral rights emphasize the strong link between the work and its author. That link prevails regardless of the how the commercial exploitation of the work takes place. There are two core moral rights. First, there is the right to be identified, or the paternity right. This applies traditionally to literary, dramatic, musical, or artistic works, but it has been expanded to include films and performances. Second, there is the right of integrity, or the right to object to derogatory treatment of the work. This protects the reputation of the author, which again also has its value for users of the work. The discussion also includes the right against false attribution of the work; the right to privacy in relation to commissioned photographs; and consent and waiver.

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