Moral rights are one of the two types of right conferred by copyright (the other is economic rights). Moral rights are only available for literary, dramatic, musical, and artistic works and film, as well as some performances, and are intended to protect the right holder’s non-economic interests. They include the right to attribution (to be recognised as the author of a work); the right to object to derogatory treatment of a work; and the right to object to false attribution. Unlike economic rights, moral rights cannot be sold or otherwise transferred. However, the rights holder can choose to waive these rights.
“When it is established or not contradicted that a reasonable remuneration has been offered, additional circumstances will be necessary in order to conclude that publication is indeed illegitimate.” In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a…
“He decides to write an alternative super hero tale, and uses his partner Thomas’ identity. So the real Thomas turns into the fictive super hero in the book.” This is a story that started out with two partners doing art related projects together. One day one of them, Claus Beck-Nielsen, decides to write a book…
The use of a photograph of a politician with a child, in combination with a satirical text, in a self-advertisement of a news magazine, is not covered by the freedom of satire when the satire does not concern daily political events but is merely commercially self-serving. Furthermore, the implication of a political relationship between the…
The variation of the Austrian National Anthem by setting it to a modernised “rock-version” of the classic tune and by changing the line “You are home to great sons” to “You are home to great sons and daughters” for use in an information campaign by the Austrian Federal Ministry for Education, Arts and Culture, does…
