Moral rights Definition

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GLOSSARY

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What does Moral rights mean?

A copyright owner (and performer) has certain moral rights.

The moral rights include the right to be identified (paternity right), the right to prevent derogatory treatment of a work (integrity right), the right to prevent the false attribution of a work. The rights cannot be assigned. They can be contrasted with the economic rights.

IP & IT

A copyright owner (and performer) has certain moral rights.

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Moral rights

The nature of moral rightsThe Copyright, Designs and Patents Act 1988 (CDPA 1988) confers a number of personal rights on authors that are additional to their economic rights. These are known as moral rights. While copyright deals with economic interests, moral rights are about the reputation and integrity of the author that is publicly associated with the work. Reference is sometimes made to ‘copyright and associated rights’—moral rights are a subcategory of these ‘associated rights’. While distinct from copyright, they do not arise where copyright does not arise.Article 6bis(1) of the Bern Convention provides:'(1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.'CDPA 1988 implements this right into UK law giving:•authors of copyright literary, dramatic, musical or artistic works and the directors...

Taking security over intellectual property rights

Taking security over intellectual property rights Scope of this Practice Note A company's IP rights can be offered as security for a loan. In commercial lending transactions, IP rights are commonly offered as security for a loan: • as part of a package of security over the whole of a company's assets (see Practice Note: Key features of debentures) • in transactions that involve lending to a borrower in an industry where IP rights are particularly valuable, for example: ◦ biotechnology, pharmaceutical, electronics and telecommunications industries (where patents are particularly key) ◦ global retail industries (where trade marks are particularly key), or ◦ film production and software manufacturing industries (where copyright is particularly key) This Practice Note does not cover taking security over IP rights in the EU or other overseas jurisdictions. Lenders should seek appropriate local law advice when taking security over a multi-jurisdictional IP portfolio. However, we address below the impact of Brexit on security over IP rights registered in the EU before IP completion...

Discover our 2 Practice Notes on Moral rights

Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

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