Moral right意思

"Moral right" is a term that is used in various contexts, but it generally refers to the right to be recognized as the creator of something, to have one's work presented in a certain way, or to object to any distortions or mutilations of one's work that could harm one's reputation.

In the context of copyright law, moral rights are a subset of rights that protect the non-economic interests of the author. These rights are distinct from the economic rights, which concern the commercial exploitation of a work, such as the right to reproduce, distribute, and perform the work. Moral rights are typically concerned with the author's personal relationship to their work and their reputation.

The concept of moral rights is particularly strong in civil law systems, especially in France, where it is a fundamental principle of copyright law. In common law systems, such as in the United States, moral rights are not as well established in statutory law, but they can sometimes be protected through contract law, state common law, or through federal law, such as the Visual Artists Rights Act (VARA), which provides certain moral rights to visual artists.

Moral rights can include:

  1. The right of attribution: This right allows the author to be credited as the creator of the work.
  2. The right of integrity: This right protects the work from alterations that could harm the author's reputation.
  3. The right of withdrawal: In some cases, an author may have the right to withdraw a work from circulation if it has been altered in a way that the author finds objectionable.
  4. The right of privacy: In some contexts, moral rights can extend to the right of an individual to control the use of their name, likeness, or personal information.

It's important to note that the specific rights and the extent of moral rights can vary depending on the jurisdiction and the context in which they are being applied.