Copyright

Copyright

Copyright Amendment (Moral Rights) Act 2000

The new Copyright Amendment (Moral Rights) Act 2000 (Clth) that came into effect on 21 December 2000. A copy of the Act is available on the Law Foundation of NSW website:

The three moral rights defined in the Act that belong to the creator of a work are

• the right of attribution (creators are to be identified with their work);
• the right against false attribution; and
• the right of integrity (creators are not to have their work subjected to derogatory treatment). These moral rights belong to the creator and not the owner of a work.

For example, a lecturer would own the moral rights to the work he or she created as an employee of the University even though, under the contract of employment, the University would own the work including copyright in the work.

This is not as alarming as it may seem because attribution (acknowledging the creator of the work) need not be made if it is reasonable not to do so. One of the factors of reasonableness for not doing so is whether the work was made in the course of a creator's employment or under a service contract.

These new moral rights affect all employers particularly those involved in creative industries such as advertising, publishing, film and television as well as those in the construction and building industries.

If, after reading this notice, you think you need to know more about the detail of the Act please contact the Copyright Coordinator.