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Do moral rights cover non-economic rights, such as the right to be recognized as the author of a work?

Willow Ridewood

Moral rights, as enshrined in copyright laws, are an essential protection offered to authors of creative works. These rights include the right to be recognized as the creator of a work and the right to integrity, which means the work may not be subjected to any changes that would damage the creator's reputation. However, the question remains: do moral rights cover non-economic rights, such as attribution?

The answer to this question is a resounding yes. While the term "moral rights" may seem to suggest a focus only on the ethical or moral implications of copyright law, this is not the case. Rather, moral rights represent a critical component of copyright that recognizes the importance of recognizing authors' authorship and creative effort.

There are several reasons why moral rights must cover non-economic rights such as attribution. First, the protections provided by copyright law are intended to ensure that authors receive the recognition and credit they deserve for their creative works. This recognition extends beyond mere ownership or control of the work's economic value to encompass the non-tangible, intangible aspects of ownership, such as the creative spark that inspired the creation of a work.

Second, attribution is an essential tool for maintaining the integrity and authenticity of creative works. Without the ability to attribute a work to its creator, it becomes far easier for others to misappropriate, plagiarize, or otherwise misuse the work. This can both damage the creator's reputation and undermine the integrity of the creative process itself.

Finally, attribution is essential for ensuring that creators can derive the full benefits of their creative works. By receiving proper attribution, creators can build a reputation and fan base, which can in turn lead to increased economic opportunities such as commissions, licensing deals, and more.

In conclusion, the inclusion of moral rights in copyright law is critical for ensuring that creators receive the credit and recognition they deserve for their creative work. While these rights encompass both economic and non-economic concerns, the right to attribution is a critical component of moral rights that must be protected to ensure the continued success and integrity of the creative process.