Moral rights are among the most important categories of intellectual property rights. Unlike economic rights, these rights are inalienable and perpetual, and they are intrinsically connected to the creator’s personality. But what is the purpose of these rights? The answer lies in the bond between the creator and the work itself: moral rights protect that bond, even if the creator is no longer the work’s owner.
Protecting moral rights is of utmost importance for creators and rights holders, as it safeguards their creative identity and professional reputation. If you are a creator or the owner of a work and wish to ensure that these rights are fully and properly protected, the experienced specialists at Karimi & Associates Law Firm are ready to assist you by providing comprehensive and professional legal consultation and support.
Definition
Moral rights refer to the rights that protect the creator’s identity, name, integrity, and dignity related to the work, and they are exclusively vested in the creator. These rights are non-transferable, non-assignable, and inherently personal to the author.
Types of Moral Rights
There are various types of moral rights in different legal systems. The most significant types are as follows:
Right of Attribution
According to the right of attribution, the creator has the right to have their name acknowledged as the creator or to remain anonymous.
For example, when a screenwriter writes a film’s screenplay but the producer credits another as the writer in the film’s credits without permission, it will be considered a violation of the right of attribution.
Right of Integrity
This right entitles the creator to object to any modification, distortion, or derogatory treatment of the work that may prejudice their reputation.
For instance, if a musical composition created for a specific film is later used at a political event, even if the composer ethically opposes it, this would constitute a violation of the right to integrity.
In certain jurisdictions, including France, two additional categories of moral rights are recognized, which will be discussed below:
Right of Disclosure (Divulgation)
Under this right, only the creator of a work has the authority to decide when, where, and how their work is first made public.
For example, if a novel writer has not yet decided to publish their book, yet the publisher makes a copy public or even submits it to a festival judge, without the author’s permission, this constitutes a violation of the right of disclosure.
Right of Retraction (Withdrawal)
Under this right, the creator may withdraw their work or halt its publication, particularly if it no longer reflects their artistic vision or values. Exercising this right usually requires compensating the work’s publisher or user.
It should be noted that this right is not recognized in Iran and in many other countries.
Moral Rights in Different Legal Systems
Civil Law Systems (e.g., France)
In countries such as France, moral rights are strongly recognized. These rights are perpetual, inalienable, and non-waivable.
Common Law Systems (e.g., the United States and the United Kingdom)In these legal systems, protection of moral rights is more limited. For example, in the United States, the Visual Artists Rights Act (VARA) applies only to visual artworks under specific conditions.
Moral Rights in the Iranian Legal System
In the Iranian legal system, despite the existence of certain regulations — including the 1969 Law on the Protection of Authors’, Composers’, and Artists’ Rights Act — explicit recognition of moral rights has not been clearly articulated. Nevertheless, such rights may be inferred from various Iranian legal provisions. It would, however, be necessary to remove ambiguity by expressly recognizing these rights and enacting specific legislation to address them.
Moral Rights in the Film and Media Industry
Moral rights play a significant role in different fields such as cinema, music, theater, and publishing. For example, a film director can prevent the screening of a version altered without their knowledge or approval, and a songwriter can prohibit the use of their lyrics in content that conflicts with their ethical or political views.
Challenges in Protecting Moral Rights
With the rapid advancement of digital media and the ease of altering and redistributing content, protecting moral rights has become increasingly challenging, and violations can occur effortlessly. Additionally, in collaborative projects such as film productions or video games, identifying the principal creator has become increasingly difficult.
Moral rights serve as the spiritual pillars of the intellectual property system. They create a bond between the creator and the work that cannot be erased by time, market forces, or changes in ownership. Protecting these rights not only ensures justice for artists but also safeguards society’s cultural, artistic, and intellectual integrity.
Preserving intellectual property rights—especially moral rights—requires specialized knowledge and experience. Our team at Karimi & Associates Law Firm, comprising experts familiar with the challenges of intellectual property, is ready to assist you in protecting your rights.