Legal Definitions - Moral Rights

Moral Rights refer to specific protections granted to creators of artistic and literary works, primarily concerning their personal connection to their creations rather than just the economic value. These rights are distinct from typical copyright, which focuses on the exclusive right to reproduce, distribute, and display a work.

The core of moral rights typically involves two main components:

• The Right of Attribution (or Paternity): This is the creator's right to claim authorship of their work and to have their name associated with it. It also includes the right to remain anonymous or use a pseudonym.
• The Right of Integrity: This is the creator's right to object to any distortion, mutilation, or other modification of their work, or any derogatory action in relation to it, that would harm their honor or reputation.

While widely recognized and often considered inalienable (meaning they cannot be given away or sold) in many countries, particularly those with civil law traditions (like in continental Europe), their application in the United States is more limited. In the U.S., moral rights are primarily granted under the Visual Artists Rights Act of 1990 (VARA) and apply specifically to works of visual art, such as paintings, sculptures, and photographs. Under VARA, these rights cannot be transferred to another person, but an artist can choose to waive them through a signed written agreement.

Here are some examples illustrating how moral rights might apply:

• Example 1: Protecting a Mural's Integrity

  A renowned street artist creates a large, intricate mural on the side of a public building, depicting a powerful social message. Years later, the building's new owner decides to paint over a significant portion of the mural with a commercial advertisement, drastically altering its original meaning and artistic composition without consulting the artist. The artist could invoke their right of integrity under VARA to object to this distortion, arguing that the modification harms their artistic reputation and the integrity of their work.

• Example 2: Ensuring Proper Photography Credit

  A photojournalist captures a striking image of a historical event that gains international recognition. A prominent magazine later publishes the photograph but mistakenly credits it to a different, less-known photographer. The original photojournalist could assert their right of attribution to demand that the magazine correct the error and properly credit them as the creator of the iconic image, ensuring their authorship is recognized.

• Example 3: Preventing a Sculpture's Misrepresentation

  A sculptor creates a delicate, abstract installation designed to evoke feelings of tranquility and contemplation. A collector purchases the piece and, without the artist's consent, displays it in a highly inappropriate and disrespectful manner, perhaps as a prop in a crude commercial advertisement that completely undermines its artistic intent and makes the artwork appear ridiculous. The sculptor could argue that this constitutes a derogatory action prejudicial to their honor and reputation, violating their right of integrity, as the context fundamentally misrepresents their artistic vision.