Moral Rights Protection

by AIPA

Organisers obligations under moral rights

Organisers must respect the entrants’ moral rights, whether or not they undertake to do so in the terms and conditions of entry. This includes how entries are displayed, used beyond the event, reproduced for promotion and credited to the entrant. Moral Rights are protected under Part 4 of the Copyright Act 1994.

Creators can consent to use that might normally risk infringement of moral rights but consent must be in writing to offer protection from infringement under the Copyright Act.

Alterations

Altering, manipulation or publishing just part of a work is a breach of the artist’s moral rights. It can alter its meaning and could lead to potential damage to both the reputation of the creator and subjects.

Should manipulation be required in order to use the work in an agreed context, the entrant must be consulted prior to doing so and agreement confirmed in writing.

Acknowledgement

The right to have the author’s name printed/announced alongside a work whenever reproduced, displayed or used, is a fundamental moral right protected by section 94 Copyright Act 1994.

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