Moral rights were introduced into Australian law in 2001 [Copyright Act 1968 (Cth) Part IX]. These rights are granted to authors and performers and may be exercised by them even though the copyright is owned by someone else.
Authors and performers have the right to be attributed as the author or performer of their work, the right not to have authorship or performership falsely attributed, and the right to prevent derogatory treatment of their work that is prejudicial to their honour or reputation. These rights may not be assigned or waived. Authors may consent to certain treatments of their work, and in some cases a defence may be raised that the act was reasonable in the circumstances [ss 195AR-195AT and 195AXD-195AXE].
For more information, see the information sheet on Moral Rights produced by the Australian Copyright Council (click here).
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.


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