What do you think?
A lot of content is not attributed, is that a good idea?
What are moral rights?
Moral rights are separate but related rights to copyright. They protect the personal relationship between a creator and their work, usually for the same duration as the copyright. Unlike copyright, moral rights cannot be transferred from the author. An author can waive their moral rights. There are three types of moral rights:
- right of attribution: the right of an author to be identified and named as the author of his/her work.
- right against false attribution: the right of an author to stop someone else being credited as the author of their work.
- right of integrity: the right of an author to ensure that their work is not subjected to derogatory treatment. This is any act in relation to the work that is harmful to the author's honour or reputation.
Right of attribution
Luke had an opportunity to write a screenplay based on another person’s story. This was going to be Luke’s big break, his name up on the big screen as a real-life scriptwriter. The contract he was given by the production company wanted Luke to waive his moral rights. This meant the production company would not have to attribute the screenplay to Luke. No name in the credits, no screenplay Oscar, no Hollywood career.
Right against false attribution
Dubious Publishing Inc released a new tell-all book on pop star Fresh Jayzee. All the photos were attributed to their in-house photographer Shady McSteelie. The photographer, Karen Trustworthy, who had licenced the use of the photos was able to sue Dubious Publishing Inc for false attribution.
Right of integrity
Jane is a photographer who released a series of photos using a Creative Commons licence. The company Grumpy Old Men Shaking Fists used the photos, printing them on toilet paper. The company declared on their website ‘this is all these photos are good for’. Jane was able to sue the organisation for derogatory treatment of her work.
The minimum requirements of attribution
As a minimum, the moral right of attribution requires you to name the author. We'll talk about the difference between attribution and referencing in Module 3: Copyright for your Studies.
Tip
Don't forget to attribute! "I can't locate the original author" is not an adequate defence.
What do you think now?
Is it a good idea to attribute everything?
It is good practice to attribute everything because it:
- announces the source of the original work and who to contact for more information
- demonstrates professional integrity by not falsely claiming other people's works as your own.