What are moral rights?
Moral rights protect the identity, integrity, and reputation of Anyone who contributes to creating or performing a musical work, a live performance, or a sound recording. and their work. They apply to and thus, A person who makes an original contribution to the creation of a musical composition or lyrics., as well as In the context of music, a creator playing a musical work live or on a sound recording.. Moral rights are protected under National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings.. Some countries have them in separate laws.
Moral rights include the right of attribution—to be recognized as the author or performer—and the right of integrity—to be able to say no to any change that disrespects the author or performer. For example, creators can object to someone making an Any form of modification or alteration of a musical work or sound recording to create a new musical work or sound recording of their musical work if they believe it would damage their reputation.
Moral rights cannot be Where the ownership or management of rights has been granted to others in addition to or instead of the original rights owner. but, in some countries, can be When a rights holder declares not to assert certain rights. and, in most countries, remain with the creators or their heirs after a creator's death. In some countries, moral rights continue in perpetuity.
Which music creators have moral rights?
Anyone who creates or performs a musical work has moral rights. Songwriters thus have moral rights with respect to their musical works, and performers have moral rights in their In the context of music, when a musical work is played live or on a sound recording., both live and A musical work or performance written or recorded in a tangible form, such as sheet music or a sound recording. in a sound recording.
What are credits?
In the music industry, Public acknowledgment of someone's contribution to the creation of a musical work, a live performance, or sound recording, for example, a songwriter's or performer's name. can include the name of the The term "song" does not have a legal definition. It is frequently used to mean "musical work” – the composition and lyrics (if any) created by songwriters and composers. However, it could also refer to a “sound recording” (a specific recording of a musical work), or a “performance” (a live performance of a musical work). and the names of the creators and performers. The right of attribution, which is part of authors’ and performers’ moral rights, generally requires that, whenever possible, credits be provided when a musical work is played live, or a sound recording is played in public places, made available, or distributed to the public.
Who can get credits for musical works, live performances, and sound recordings?
In principle, all songwriters and performers are entitled to receive credits whenever their musical works and performances are used. There are exceptions that depend on how and where a song is used.
When different songwriters or performers contribute to a musical work, a live performance, or a sound recording, each will be entitled to credits.
Visit our pages on Credits to learn more.
What are moral rights clearances?
Moral rights clearances are permissions required for adapting or using a musical work or sound recording for a specific purpose and by which creators authorize a specific use or Any form of modification or alteration of a musical work or sound recording to create a new musical work or sound recording of the musical work, performance, or sound recording.
For example, you might object to someone making an adaptation of your musical work or using your recorded performance for a commercial advertisement if such adaptation or use would damage your reputation.
Who is entitled to provide moral rights clearances?
In principle, all songwriters and performers need to provide moral rights clearances whenever their musical works and performances are adapted or used for another purpose than intended by their creators. This is usually done together with the The process of granting permission to use copyrighted material, such as a musical work or sound recording. of The rights to control or receive payment for the commercial exploitation of works, performances, sound recordings, and broadcasts. as part of the A common term used in the music industry to describe an agreement or contract between a creator and a record label or publishing company. between a creator, A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. , or A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist. and those adapting the musical work or performance.
In some countries, songwriters and performers can waive their moral rights by contract. In many other countries, songwriters and performers retain their moral rights and, thus, the right to object to disrespectful distortions or uses of their musical works and performances, even if they transferred all their rights by contract.
When different songwriters or performers contribute to a musical work or sound recording, each will need to provide moral rights clearances in specific cases.
Visit our pages on Songwriter Splits and Sound Recording Splits to learn more.
Quiz
Test your Moral Rights knowledge
Image credit: Eric Ivar Persson, Parapix