Copyright in the networked world: moral rights
| DOI | https://doi.org/10.1108/07378830210733990 |
| Pages | 124-127 |
| Date | 01 March 2002 |
| Published date | 01 March 2002 |
| Author | Michael Seadle |
| Subject Matter | Information & knowledge management,Library & information science |
Copyright in the
networked world:
moral rights
Michael Seadle
Introduction
The term ``moral rights'' is a translation of the
French term ``droit moral'', and refers not to
``morals'' as advocated by the religious right, but
rather to the ability of authors to control the
eventual fate of their works. An author is said to
have the ``moral right'' to control her work. The
concept of moral rights thus relies on the
connection between an author and her creation.
Moral rights protect the personal and reputational,
rather than purely monetary, value of a work to its
creator (Rosenblatt, 1998).
Language matters, especially in a networked
world with multinational and multi-cultural
projects. Literal translation of the French term
has made ``moral rights'' seem broader and
vaguer than they are. The equivalent German
phrase (UrheberpersoÈnlichkeitsrechte) may sound
formidable to an ear accustomed to English, but
a direct translation actually conveys something
closer to the legal meaning embodied in the
Berne Convention: rights of (a particular)
personality. The principle is that some part of
the creator's personality has gone into each
original work, and that that element of
personality cannot be sold or transferred any
more than a human being can be today.
These moral rights (rights of personality) in
general include attribution and integrity.
Attribution means both that authors have
their names on the works that they created, and
that their names do not appear on works that
are not theirs. Integrity means that authors can
protect works they created from damage or
defacement that affects their reputation. The
precise legal definitions varies from country to
country. An example of infringement on the
moral right of attribution is when a book
appears without the author's name. Well-
known authors may also face situations where
their names appear on works to enhance sales,
even though they had little or nothing to do
with the work and do not want to support it. An
example of a violation of the moral right of
integrity could be a translation so bad that the
author disavows it. These are not the only
possible moral rights. The right to withdraw a
work from public availability also exists in some
countries.
Moral rights are not about money, which is
readily divisible, but about concepts like
reputation and integrity, which are not. The
The author
Michael Seadle is Editor of
Library Hi Tech
. He is also
Digital Services and Copyright Librarian at Michigan State
University. He is not a lawyer, and nothing in this
column should be considered legal advice.
E-mail: seadle@mail.lib.msu.edu
Keywords
Copyright, Ethics
Abstract
In copyright law, the principle of moral rights is that some
part of the creator's personality has gone into each original
work, and that that element of personality cannot be sold or
transferred. Moral rights are not about money, which is
readily divisible, but about concepts like reputation and
integrity, which are not. This column offers three examples
of international collaborations where moral rights expecta-
tions could clash. At present the best remedy for moral
rights disputes in the neworked environment is for all parties
to understand the potential for diverging expectations.
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On copyright
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Library Hi Tech
Volume 20 .Number 1 .2002 .pp. 124±127
#MCB UP Limited .ISSN 0737-8831
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