The author is not only the creator of the work, but also the person who is deeply attached to the values that the work represents. The author’s moral rights, including the right to be recognized and to protect the integrity of the work, play an important role in protecting the honor and reputation of the creator. However, the question is whether this right can be transferred or not? The following article by VCD will help you.
1. What are moral rights?
From a legal perspective, personal rights are one of the civil rights associated with each individual. Personal rights are formed, arise, change and terminate through decisions of competent state agencies. Typical examples include birth, marriage, death, nationality determination, as well as relationships such as father and child, husband and wife, full name, hometown and ethnicity.
Personal rights are a familiar concept, commonly applied in many areas of social life. The law also clearly stipulates this right. Specifically, according to Clause 1, Article 25 of the 2015 Civil Code, personal rights are civil rights attached to each individual and cannot be transferred to others, unless otherwise provided in relevant laws.
Moral rights are expressed through the following basic characteristics:
- Part of civil rights: Personal rights are part of civil rights and belong to individuals.
- Spiritual values: Personal rights always aim at spiritual values that cannot be valued.
- Non-transferable: Personal rights cannot be transferred to others.
2. Can the author’s moral rights be transferred?
The 2022 Intellectual Property Law, Article 19, stipulates the author’s personal rights, including:
Personal rights include:
1. Naming the work.
The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights as prescribed in Clause 1, Article 20 of this Law; 2. To have his/her real name or pen name on the work; to have his/her real name or pen name mentioned when the work is published or used; 3. To publish the work or allow others to publish the work; 4. To protect the integrity of the work, not allowing others to distort it; not allowing others to modify or cut the work in any form that harms the honor and reputation of the author.
Transfer, also known as copyright assignment, is understood as the copyright owner’s agreement to transfer the right to publish the work and property rights to another organization or individual through a contract or in accordance with relevant laws (Clause 1, Article 45 of the Law on Intellectual Property). In addition, Clause 2, Article 45 of the Law on Intellectual Property stipulates that: “Authors are not allowed to transfer the personal rights specified in Article 19, except for the right to publish works; performers are not allowed to transfer the personal rights specified in Clause 2, Article 29 of this Law”.
Therefore, among the personal rights of copyright, only the right to publish works can be transferred. Other personal rights remain the rights of the author and cannot be transferred.
According to this provision, performers will also not be allowed to transfer the personal rights specified in Clause 2, Article 29 of this Law, which are:
- Being introduced by name when performing, when releasing audio recordings, video recordings, or broadcasting the performance;
- Protecting the integrity of the performance image, not allowing others to edit, cut or distort in any form that harms the honor and reputation of the performer.
3. How long are moral rights protected?
Pursuant to Article 27 of the 2005 Intellectual Property Law, amended by Clause 8, Article 1 of the 2009 Intellectual Property Law, the term of protection of the author’s personal rights is stipulated as follows:
Moral rights are protected indefinitely:
- The right to name the work;
- To have one’s real name or pen name on the work; to have one’s real name or pen name mentioned when the work is published or used;
- To protect the integrity of the work.
Moral rights are protected for a term of time:
- Cinematographic works, photographic works, applied fine arts works, anonymous works have a term of protection of seventy-five years from the date of first publication of the work; for cinematographic works, photographic works, applied fine arts works that have not been published within twenty-five years from the date of fixation of the work, the term of protection is one hundred years from the date of fixation of the work; for anonymous works.
- Except for works not falling under the category specified above, the term of protection shall be the lifetime of the author and fifty years following the year of the author’s death; in the case of works with co-authors, the term of protection shall end in the fiftieth year following the year of the death of the last co-author;
- The term of protection for the above works shall end at 24:00 on December 31 of the year in which the copyright protection term ends.
Above is the article “ Are the author’s moral rights transferred?” that VCD sends toyou. We hope this article is useful to you.
Sincerely,
