What are moral rights in intellectual property?
Moral rights in intellectual property are the rights of creators in their work. These rights can include the right to be recognized as the author or creator of a work, the right to the integrity of the work, and the right to refuse to have their work used in a derogatory or offensive manner. In California, the California Artists Protection Act of 1976 (CAL. CIV. CODE § 987.1) protects the moral rights of creators in their work, including copyright and other intellectual works. The right to be recognized as the author or creator of the work is called the “right of attribution”. This right allows creators to place their name or other information near the work, to identify themselves as the creators and gain public recognition. The right to the integrity of the work is the right to protect the work from alteration or degradation and to prevent it from being used in a way that is inconsistent with their values. Creators may also have the right to prevent others from using their work in a derogatory or offensive manner. This is often referred to as the “right of integrity” and may include preventing the work from being used in a way that denigrates the creator or tarnishes their reputation. This right of integrity also gives the creator the right to control the use of the work in a manner that they feel is appropriate. These moral rights not only protect the rights of creators in California but also allow them to maintain and assert their rights to the public recognition and integrity of their work.
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