The internet and digital technology have helped us to share and alter creative works. However, what about the rights of the creators themselves? In intellectual property law, there are two types of copyrights, which are economic and moral rights.
As a leading IP legal firm in Indonesia, we at Am Badar & Am Badar have serviced overseas clients extensively and are quite knowledgeable about copyright laws. We are aware of the need for moral copyrights in maintaining creators’ integrity and reputation.
For reference, you may read our comprehensive guideline about licensing copyright in Indonesia in the article “Copyright Attorney: Licensing Your Work in Indonesia”. More than that, you can also check the insight and services page, or contact the team.
What are Moral Rights?
First, let’s discuss the moral right definition. These are basically personal liberties given to authors of creative, theatrical, musical, and literary works. These rights ensure respectful handling of the author’s work and continuous recognition of her.
So, moral copyrights are different from economic ones. Economic rights enable artists to decide how their work is used so they can profit. They might sell their work, license it to others, or earn royalties. One might also donate or sell another their economic rights.
Conversely, moral copyrights center on the relationship the artist has to their work. Usually extending the lifetime of the creator and often even beyond, these rights cannot be sold or passed on. Maintaining artistic integrity and reputation depends on artists having control over how their works are displayed and used; consequently, this protection ensures that.
Moreover, moral copyrights are thus a basic aspect of intellectual property law in any country, including Indonesia. In Indonesia itself, these rights are regulated under the Copyright Law (Law Number 28 of 2014 on Copyright).
How Moral Rights Differ from Copyrights
Though generally, copyright law offers authors a bundle of exclusive rights over their work for a limited period, these mainly pertain to the financial exploitation of the work. Copyright allows artists control over the numerous uses of their work and payback.
Moral copyrights, on the other hand, mostly focus on preserving the personal bond of the creator with their work and reputation.
So, moral copyrights are those of integrity, which protects the work from changes that can undermine its reputation, and of attribution, which ensures that the name of the artist always links with their work.
Usually exceeding economic rights, these rights are non-transferable—that is, they cannot be sold or donated. In Indonesia, for instance, these rights still belong to the creator for their lifetime and can be passed on to their successors; they cannot be completely transferred to another individual.
2 Types of Moral Rights
Now that you understand the definition and the types, these can be broadly classified into two main categories:
-
Right of Attribution
Attribute rights ensure accurate appreciation of artists for their work. This suggests that wherever someone uses, shows, or shares their work, the name of the artist must be clearly visible.
For example, the name of the artist should be displayed under an artwork on display. Similarly, any book published by an author should clearly show their name on the cover.
This one of copyright moral rights ensures that the author gets the recognition they are due, so maintaining their relationship with their creation. In their field, this helps a creator build reputation and trust.
-
Right of Integrity
Integrity rights protect a work from any treatment that would undermine its reputation. This means that nobody can alter, skew, or destroy the work without the author’s permission.
For instance, a musician might have their song remixed such that its original message is changed, or an artist’s painting might be altered to perplex its meaning. Such changes could change people’s opinions of the output and the producer.
This privilege therefore ensures that the work is seen as intended by the artist, keeping its original integrity and identity.
Why are Moral Rights Important?
Moral copyrights determine whether artists maintain the personal and reputation relationship between them and their creations. Knowing their contributions will be valued helps creators to relax.
This consciousness is not only a matter of personal pride but also a fundamental element of the legacy and professional identity of the author.
These rights ensure that the creators’ work is not subjected to biased treatment, therefore preserving their honor and reputation. Some of its importance are as follows:
-
Protecting Creative Integrity
A work’s original intent and meaning depend on the integrity right. For instance, turning a book into a film without the writer’s permission shouldn’t be done especially if the adaptation might distort the story in a way the author finds objectionable.
Likewise, reinterpretation or remix of a musician’s work shouldn’t undermine the original material.
-
Legal Recourse and Enforcement
The legal remedy for artists should their rights be violated is moral copyrights. Should their work be used without proper attribution or changed in a way that harms their reputation, a creator can take legal action to fix the situation.
This protection ensures that artists may continue to be professionals without regard for exploitation or misrepresentation, therefore maintaining the integrity of the creative process.
How Moral Rights Influence the Modern World
In today’s linked world, where digital work may be freely shared and changed, moral copyrights notably help to protect authors. Unprecedented access to artistic creations made accessible by the internet carries the growing danger of overuse and misattribution.
Overall, these rights help to lower risks by way of a legal framework ensuring artists are recognized and their works are protected. Its influences comprise the following:
-
Digital Age Challenges
Given the great sharing and remixing of materials available online, creators could find it difficult to maintain control over how their work is used. Conversely, moral copyrights offer a necessary defense against false representation and illegal changes, therefore safeguarding the reputation of creators.
-
Global Recognition
Though the recognition and enforcement of moral copyrights may be enforced differently globally, there is a growing awareness of their importance. This recognition encourages a creative environment where other producers, musicians, artists, and authors could grow.
At Am Badar & Am Badar, we understand the great need for copyrights to preserve creators and their works. Our thorough understanding of intellectual property law helps us to provide clients—domestic and foreign alike full legal services.
For those of interest in our services, we provide a selection of Copyright Service, Copyright Dispute, and Copyright Recordation. Should you need customized legal advice about moral rights, reach out to us using our contact page.
For more intellectual property and copyright-related stories, such as Copyright Claims in Indonesia: A Guide for Foreign IP Agents, visit our insights page.
References
- https://www.artslaw.com.au/legal/raw-law/what-are-moral-rights/
- https://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_panorama_5_learning_points.pdf
- https://www.mkri.id/index.php?page=web.Berita&id=18326&menu=2
- https://peraturan.bpk.go.id/Download/28018/UU%20Nomor%2028%20Tahun%202014.pdf
Reviewed by Nabil Argya Yusuf