The fields of entertainment, media and new technology operate in a fast paced and rapidly changing environment. Similarly, the laws and policies in this area are quickly evolving.
In providing our clients with the best available advice, we are mindful of the ever-changing nature of entertainment and media and keep abreast of the current trends and news to ensure we are well informed and actively involved in reforms and developments.
Moral rights were introduced into the Copyright Act 2000 to confer certain protections to authors connecting authors to their work, irrespective of any economic interest in their creation. Moral rights only exist in relation to copyright material and are distinct from the economic rights included in copyright.
Moral rights arise automatically and have a legal meaning. There are three types of moral rights:
- Right of attribution: the right of an author to be identified and named as the author of his/her work;
- Right against false attribution: the right of an author to prevent others to be identified and named as the author of his/her work; and
- Right of integrity: the right of an author to ensure that his/her work is not subjected to derogatory treatment. The Copyright Act defines "derogatory treatment" as any act in relation to the work that is in any manner harmful to the author's honour or reputation.
In principle, any act which is contrary to an author's moral rights, for instance a failure to attribute the author or a derogatory treatment of the author's work, is considered a moral rights infringement. However, no moral rights exist and are not possible of being infringed if the author has consented to the action or omission that would otherwise infringe the authors’ moral rights.
At Navado we endeavour to protect our clients' commercial and or individual interests, and are able to offer a wide range of services and advice concerning possible defences, remedies and exceptions.
If you require assistance regarding Public Policy Issues & Moral Rights, you should make an appointment to see one of our Media and Entertainment Law Solicitors, who will usually see you in our Sydney Office or otherwise will see you in one of our branch offices. For a full list of our office locations, with complete addresses, click on the "Locations" tab or contact our main office line on (02) 9233 4048 or email email@example.com.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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