What are moral rights?
Moral rights protect the identity, integrity, and reputation of and their work. They apply to and thus, , as well as . Moral rights are protected under . 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 of their musical work if they believe it would damage their reputation.
Moral rights cannot be but, in some countries, can be 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 , both live and in a sound recording.
What are credits?
In the music industry, can include the name of the 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 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 of as part of the between a creator, , or 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