Legal Definitions - attribution right

The attribution right is a legal principle that grants creators control over how their name is associated with their original works. This right allows an author, artist, or creator to be properly identified and credited for their creation. It also includes the power to prevent someone else from falsely claiming authorship of their work, or from associating the creator's name with a work they did not produce.

This right is a fundamental aspect of what are often called "moral rights," which emphasize the personal connection between a creator and their work, beyond just economic considerations. While widely recognized in many countries, its application in the United States is more limited, primarily applying to specific types of visual art under federal law.

Here are some examples illustrating the attribution right:

• Claiming Authorship: Imagine a freelance journalist who writes an investigative report for a major news publication. The journalist's attribution right ensures that their byline (their name) appears prominently with the article, giving them credit for their research and writing. If the publication were to print the article without crediting the journalist, the journalist could assert their attribution right to demand proper recognition.

• Preventing False Attribution: Consider a renowned graphic designer known for a distinctive minimalist style. If a company uses a design that mimics her style but was created by someone else, and then falsely advertises it as "a design by [Renowned Designer]," she could invoke her attribution right. This allows her to legally demand that her name be removed from the advertisement, as she did not create that specific work, protecting her professional reputation from being associated with a design that isn't hers.

• Correcting Misattribution: A photographer captures a stunning landscape image that goes viral online. Later, the image is used in a travel magazine, but the caption mistakenly credits a different photographer. The original photographer can exercise their attribution right to contact the magazine and demand that the credit be corrected to display their actual name, ensuring they receive proper recognition for their artistic creation.