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VIC Can Moral Rights be Transferred or Willed to Beneficiary?

Discussion in 'Intellectual Property Law Forum' started by Rob Z, 5 January 2016.

  1. Rob Z

    Rob Z Member

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    Hello. Just a quick one. Can moral rights be transferred? If so, what method? Contractually? Can it be willed to a beneficiary in a deceased estate?
     
  2. Tim W

    Tim W Lawyer
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    Moral rights as in copyearight?
     
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  3. Sophea

    Sophea Well-Known Member

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    Unlike copyearight which can be transferred and is a commercial right, moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment (there is no right of resale in Australia). They last for the lifetime of the author and up to 70 years after their death, however due to their nature I don't know what point there would be to transferring them by way of will, even if they could be transferred.
     
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  4. Tim W

    Tim W Lawyer
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    I agree.
    I'm pretty sure that moral rights, not being in the nature of property,
    are not capable of being assigned.
    But I haven't found the authority for it, so don't quote me quite yet.
     
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  5. Tim W

    Tim W Lawyer
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    Found it (not a literal legal authority, but enough for present purposes)
    Especially this bit:
     
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  6. Tim D

    Tim D Member

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    --Not a lawyer--

    See Copyearight Act 1968 (Cth)

    Section 195AN and 195ANB
    (3) Subject to this section, a moral right in respect of a [work/live performance/recorded performance] is not transmissible by assignment, by will, or by devolution by operation of law.

    The remainder of the section specifies that moral rights can be exercised by the legal personal representative of a dead author/artist; or if alive a person lawfully authorised to administer their affairs (e.g. a guardian).
     
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