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Moral Rights Issues In Copyrights Used By U.S. Companies

BY Scott J. Slavick
October 02, 2013

In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Content farms cycle news endlessly, sometimes with items even being automatically generated by specially designed computer software. And it goes without saying how much Hollywood loves a recycled idea.

Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But to overlook these rights brings peril. Companies that are not mindful of the rules or that don't closely enough examine provisions in copyright agreements run risks; and lesser known elements of copyright law present risk also.

In copyright law, the creator of a copyrighted work retains rights that can be divided into two distinct ones: economic and moral. Economic rights allow the work's creator to sell access to the work, or otherwise exploit it for the creator's profit. Moral rights ' a special subset of copyright law often overlooked by lawyers ' allow the creator to control how a creative work is used in non-economic ways. The two major moral rights provided for under the U.S. Copyright Act are the right of attribution, also known as the right of paternity, and the right of integrity. Their application in the United States deserves some attention for those who would seek to license and use another's creative content.

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