Moral rights

Up until recently the Copyright Act in Australia did not look after the personal rights of creators. The Copyright Amendment (Moral Rights) Act 2000 which came into effect on 21 December 2000, redresses this situation. This new legislation recognises the personal connection of creators to their work and the significance of both attribution and creative integrity to their labours.

The moral rights package now entitles individual creators:

to be identified as the creator of the work (the right of attribution);
to not have their work attributed to someone else (false attribution);
to object to any derogatory treatment of their creations, which might harm their honour or reputation (the right of integrity).

Schools need to understand that the interpretation of derogatory treatment varies according to the nature of the work. However it can include how a work is contextualised or something done to a work itself.

In general moral rights apply to all literary, dramatic, musical and artistic works, which are protected by copyright. Moral rights also apply to films. Moral rights cannot be waived or assigned like economic rights. They last for the duration of copyright in the work, usually the lifespan of the creator, plus an additional fifty years.

There is a proviso in the Copyright Act for a work not to be attributed or for it to be altered where such actions are “reasonable” but this is complex and schools should not rely on it to avoid attributing creators without advice from their departments or organizations. Of course there is also no infringement of moral rights when the creator has consented to actions that would otherwise constitute an infringement. However, consent must be in writing, and must state the acts for which the consent is given.

Infringement of moral rights

Moral Rights can be infringed by:

not identifying the creator in any work that you reproduce, exhibit or communicate;
not identifying a creator in the way they stipulated or in a “reasonable” form in which their identification is clear and prominent;
attributing the work falsely to someone other than the creator;
dealing with a work if you knew or should have known that it is falsely attributed or is derogatory in its treatment e.g. by reproduction, importation or dealing commercially; or
treating a work in a derogatory way, i.e. doing something that is prejudicial to the creator's reputation such as distorting, mutilating or altering the work.

Acts which require you to attribute authorship are different depending on the type of work, but could include reproduction, publication, performance, broadcast and adaptation of the work. This also includes exhibition of artistic works, transmission by email and making available online.

Issues for schools

Schools need to develop a culture of attribution and respect for copyright materials to contain their legal exposure and to meet their wider social obligations. This can be achieved through:

adopting a clear attribution standard which is consistently applied to any reproduction or use of copyrighted materials;
respecting the integrity of copyright material by resisting alteration of copyright material in any way that is prejudicial to the interests of the creator; and
requesting consent from moral rights holders for any proposed use of, or re-contextualisation of a creator’s works that could be perceived by them as being harmful to their reputation.

Schools need to be aware that the person to approach for moral rights clearance could be different to the owner of copyright in the materials. Moral rights authorisation needs to come from the person who created the work.

Staff can reinforce a culture of attribution and respect for copyright materials by:

adhering to best academic practice in attributing authorship in any copyright material they reproduce and communicate to students or use in classroom practice; and
requiring students to attribute authorship in any schoolwork or projects that they undertake or submit.