What are moral rights in intellectual property?

Moral rights are a form of intellectual property law that protect an artist’s name and reputation. In Texas, moral rights are protected under the Texas Visual Artists Rights Act (TVARA), which provide artists with exclusive rights to their works. The TVARA gives the artist the right to be designated as the creator of the work, the right to prevent the destruction of works of recognized stature, and the right to prevent distortion, mutilation, or other modifications of the work that would be prejudicial to the artist’s honor or reputation. Moral rights protect the artist’s right to be acknowledged as the creator of the work and the right to the integrity of the work. This means that the artist is able to claim ownership of the work, regardless of whether it was created for monetary gain or not. It also means that the artist can prevent any negative changes to the work, such as distorting or mutilating it, that could lessen the artist’s reputation. Moral rights may be waived by the artist, however, if they choose to do so. In this case, the artist may contractually give up their rights to be identified as the author of the work, or to have control over changes made to the work. As such, it is important for artists in Texas to understand their rights under the TVARA and to make decisions about the protection of their works accordingly.

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What are moral rights in intellectual property?

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