Moral Rights
Also called: Author’s Rights · Right of Attribution
Moral rights are personal rights a creator holds in their work — typically the right to be identified as the author and to object to derogatory treatment of it. They are distinct from economic ownership and, in many legal systems, cannot be assigned even when copyright is.
In more detail
This surprises people on both sides of creative contracts. A client can own the copyright outright and still find the creator retains a right to be credited, or to object if the work is altered in a way that damages their reputation.
Because moral rights often cannot be transferred, contracts commonly deal with them by waiver instead — the creator agrees not to assert them. Whether such a waiver is fully effective depends entirely on the governing law.
For creators, moral rights are also a negotiating asset: attribution and portfolio rights can be preserved deliberately rather than signed away by a generic all-rights assignment clause.
Treatment varies sharply. Some legal systems treat moral rights as inalienable and unwaivable; others permit broad waiver; others recognise them narrowly. An assignment that works in one country may leave rights outstanding in another.
What our lawyers check
- Whether moral rights are addressed at all, or only economic rights assigned
- Whether a waiver is used, and whether it is effective under the governing law
- Attribution and credit obligations, in both directions
- Portfolio and showcase rights for creative and agency work
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
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