Moral Right in UK Law

Leading Cases
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 1932

    You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

  • D (A Child) (Abduction: Rights of custody); Re
    • House of Lords
    • 16 Nov 2006

    But there is now a growing understanding of the importance of listening to the children involved in children's cases. It is the child, more than anyone else, who will have to live with what the court decides. Those who do listen to children understand that they often have a point of view which is quite distinct from that of the person looking after them. Just as the adults may have to do what the court decides whether they like it or not, so may the child.

  • R (Pretty) v DPP
    • House of Lords
    • 29 Nov 2001

    The subject of euthanasia and assisted suicide have been deeply controversial long before the adoption of the Universal Declaration of Human Rights in 1948, which was followed two years later by the European Convention on Human Rights and Freedoms (1950). But it is of great importance to note that these are ancient questions on which millions in the past have taken diametrically opposite views and still do.

  • Patrick Reyes v The Queen
    • Privy Council
    • 11 Mar 2002

    A generous and purposive interpretation is to be given to constitutional provisions protecting human rights. The court has no licence to read its own predilections and moral values into the constitution, but it is required to consider the substance of the fundamental right at issue and ensure contemporary protection of that right in the light of evolving standards of decency that mark the progress of a maturing society (see Trop v Dulles, above, at 101).

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988

    The courts have, however, always refused to uphold the right to confidence when to do so would be to cover up wrongdoing. In Gartside v. Outram (1857) 26 L.J. Ch. 113, it was said that there could be no confidence in iniquity. In certain circumstances the public interest may be better served by a limited form of publication perhaps to the police or some other authority who can follow up a suspicion that wrongdoing may lurk beneath the cloak of confidence.

  • McFarlane v Tayside Health Board
    • House of Lords
    • 25 Nov 1999

    It is my firm conviction that where courts of law have denied a remedy for the cost of bringing up an unwanted child the real reasons have been grounds of distributive justice. It may be objected that the House must act like a court of law and not like a court of morals. But judges' sense of the moral answer to a question, or the justice of the case, has been one of the great shaping forces of the common law.

    In my opinion the law must take the birth of a normal, healthy baby to be a blessing, not a detriment. Individuals may choose to regard the balance as unfavourable and take steps to forego the pleasures as well as the responsibilities of parenthood. They are entitled to decide for themselves where their own interests lie. It would be repugnant to its own sense of values to do otherwise. It is morally offensive to regard a normal, healthy baby as more trouble and expense than it is worth.

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Legislation
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in ...following rights conferred by Chapter IV (moral rights) subsist. in favour of the author, director or commissioner of the ......
  • The Copyright and Duration of Rights in Performances Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ....... (3) References in those provisions to “moral rights” are to the rights conferred by Chapter IV of Part I of the Act. S-13 . Duration of copyright: general saving Duration of copyright: ......
  • Mental Deficiency Act 1913
    • UK Non-devolved
    • 1 de Enero de 1913
    ......in ordinary schools;. . . d . ) Moral imbeciles; that is to say, persons who from an. early age display some ... to any defectives who may be dealt with under those Acts; nor the right of poor law authorities to receive the same grant for a defectives who has ......
  • Mental Health Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
    ...... (3) The dissolution of the Board shall not affect any rights,. liabilities or obligations of the Board; but all such rights, ...in his custody or care (whether by virtue of any legal or. moral obligation or otherwise). . (3) Any person guilty of an offence under ......
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Books & Journal Articles
  • The Honour of the Dead – the Moral Right of Integrity Post-Mortem
    • Núm. 42-3, Septiembre 2014
    • Federal Law Review
    Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed t...
  • The moral significance of the internet in information: Reflections on a fundamental moral right to information
    • Núm. 2-4, Noviembre 2004
    • Journal of Information, Communication and Ethics in Society
    • 191-201
    I consider the foundational issue of whether we have a right to information that is fundamental in being independent of other rights and general in protecting all information. To this end, I distin...
  • Ethical Uncertainties of Nationalism
    • Núm. 37-4, Julio 2000
    • Journal of Peace Research
    This article asks whether there is a moral right to national self-determination. The partiality argument as a basis for discussing the moral right to self-determination confuses nation and national...
    ...... Rights and Conditions at SAGE Publications on December 7, 2012 ... Moral Ambiguity at SAGE Publications on December 7, 2012 jpr.sagepub.com ......
  • Moral Rights, Human Rights and Social Recognition
    • Núm. 61-2, Junio 2013
    • Political Studies
    This article examines the thesis that rights are always and only conventional rights. It identifies two versions of the conventionalist thesis by distinguishing how each understands a moral right. ...
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Law Firm Commentaries
  • Does AI Generated Work Give Rise to a Copyright Claim?
    • JD Supra United Kingdom
    The right to intellectual property protection in “Artificial Intelligence” generated work gives rise to numerous legal, economic and moral issues.
    .... The right to intellectual property protection in “Artificial Intelligence” ated work gives rise to numerous legal, economic and moral issues. “Artificial Intelligence” (AI) is a comprehensive term used to ......
  • Another Look At Ownership Of IP Rights In Employees' Work
    • Mondaq UK
    ......She brought a claim for discrimination (direct and indirect) on the grounds of belief. The belief in question was "the statutory human or moral right to own the copyright and moral rights of her own creative works and output.". Perhaps unsurprisingly, her claim was dismissed by the ......
  • Believe It Or Not – Claim Based On Belief In Copyright Fails
    • Mondaq UK
    ...... against because of her belief in the statutory human or moral right to own the copyright and moral rights of her own creative works and ......
  • Artists' Moral Rights In The Frame
    • Mondaq UK
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