IP 1.6 COPYRIGHT-MORAL RIGHT
Droit moral. Right to claim authorship. Owned by the author for being the author. Collectively called right of paternity and integrity.
Initially, an author was not accorded protection once his ownership rights have been transferred to another. When the Berne Convention was revised, Article 6 Bis provided that at least, during the author’s lifetime, he should be identified as the author of the work and should have the right to object to derogatory treatment of his work. The Copyright Act has gone further to note that the right is inalienable, imprescriptible and perpetual.
Thankfully, Section 12 of the Copyright Act.
- Provides that the author should have a right to claim that he is the author of the work (Right to claim authorship). His name must be reflected. Except the work is incidentally included in a broadcast.
- Right to object to any distortion, mutilation or modification of the work if such is prejudicial to his honour or reputation.
To enjoy this right (of course) the work should be an eligible work.
Section 13 provides for droit de suit. That the author of a manuscript, graphic or three dimensional work has right to share in the proceeds from sale of the original work.
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