Legal Definitions - author's right

Author's right refers to a legal framework, particularly prevalent in civil-law countries, that protects the creators of original works. It grants authors two main categories of rights:

• Moral rights: These are personal rights that protect the author's connection to their work. They include the right to be identified as the creator (paternity), the right to prevent distortion or mutilation of their work (integrity), and the right to decide when and how their work is first presented to the public. These rights are often considered inalienable and may last indefinitely.
• Economic rights: These are commercial rights that allow authors to control and profit from the use of their work. They include the exclusive right to reproduce, distribute, perform, display, and adapt their creation, as well as to authorize others to do so, typically in exchange for payment.

While often used interchangeably with "copyright," "author's right" historically emphasizes the creator's personal connection and moral claims to their work more explicitly, alongside their economic interests.

Here are some examples illustrating how author's right applies:

• Imagine a renowned playwright who writes a new theatrical piece. A production company acquires the rights to stage the play. Under the principles of author's right, the playwright retains the moral right to be credited as the sole author of the script, even if the company makes minor edits for performance. Furthermore, they could object if the company drastically alters the plot or character motivations in a way that fundamentally misrepresents their artistic vision, thereby protecting the integrity of their work.

• Consider a graphic designer who creates a unique logo for a small business. The business wants to use this logo on all its products, marketing materials, and website. The designer's economic rights under author's right mean they can license the use of the logo to the business for a specific period and purpose, receiving compensation for its commercial exploitation. If another company later tries to use the same logo without permission, the designer has the legal standing to prevent such unauthorized use and seek damages.

• A composer writes a musical score for a video game. The game becomes a global success, and the soundtrack is released as a separate album. The composer's economic rights allow them to receive royalties from the sale of the soundtrack album and from any public performances of their music within the game or elsewhere. Additionally, their moral right ensures they are properly credited as the composer on the album and in the game, and they could object if their music were used in a context that they find objectionable or that misrepresents their artistic intent.