Moral Rights

Reference

Category

Moral Rights

Legislation/Policy

Additional Information

Guidance

Moral Rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or copyright in the work.  Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment.

A Moral Rights clause records the consent of the creator to use by the Customer, which would, in the absence of consent, amount to an infringement of his or her moral rights.

Option 1

This clause should only be used for contracts where it is not expected that the ‘authors’ of this Material will have strong interest in managing moral rights but where there will be some relevant Contract Material produced.

Option 2

This clause can be used where moral rights are more likely to be relevant to the Contract Material, for example,

  • where the Services involve research and development or
  • the provision of technical or design material.

Where your entity has any policies or practices regarding Moral Rights, you should also include references to them in the Statement of Work.

Clauses

Option 1

Notices

To the extent permitted by laws and for the benefit of the Customer, the Supplier consents, and must use its best endeavours to ensure that each author of Material consents in writing, to the use by the Customer of the Material, even if the use may otherwise be an infringement of their Intellectual Property Rights and/or Moral Rights.



Option 2

Notices

  1. The Supplier (where a natural person and the author of the Material) consents, and will otherwise obtain consents from all authors of the Material, to the performance of the Permitted Acts by the Customer (or anyone claiming through the Customer) whether occurring before or after the consent is given and when requested will provide written confirmation of such consent.
  2. This clause does not apply to any Customer Material incorporated in the Material.
  3. For the purpose of this clause Permitted Acts means any of the following classes or types of acts or omissions:
    1. using, reproducing, adapting or exploiting all or any part of the Material, with or without attribution or authorship;
    2. supplementing the Material with any other Material;
    3. using the Material in a different context to that originally envisaged;
    4. releasing the Material to the public under an Open Access Licence; and
    5. any other acts or omissions specifically set out in the Statement of Work

    but does not include false attribution or authorship.


Last updated: 31 July 2018