[LINK] moral rights in Australia?

Marghanita da Cruz marghanita at ramin.com.au
Thu Nov 20 14:44:02 AEDT 2008

Eric Scheid wrote:
> A client is asking me to waive all moral rights to some internal design
> documents I'm developing for their new website. I understand moral rights to
> be primarily two-fold (proper attribution and non-derogatory treatment) and
> that they can't be transferred, sold, or assigned. [1][2]
> I'm not hugely perturbed - these are internal design deliverables, not works
> for public viewing and such.
> What's got me puzzled is their request that they be "waived". Comments?

The NGA had a big drama about the moral rights of the  architect of their
sculpture garden <http://nga.gov.au/sculpturegarden/essay.htm>  a few years ago.

On their website they have this info:

> Moral Rights
>     Reproductions of the Gallery?s works of art must be correctly and adequately acknowledged with captions provided by the Gallery. Works must be reproduced appropriately and with due consideration for the artist?s honour and reputation. A failure to comply with these conditions may constitute an infringement of a copyright holder?s moral rights. Further information regarding Australia?s Moral Rights Legislation can be found at scaleplus.law.gov.au


the link is to <http://scaleplus.law.gov.au/html/pasteact/0/244/0/PA004580.htm>

Then there was the issue in the US with writers wanting royalites from other
uses of their material.

I would suggest that you both need to be more explicit about what you mean by
moral rights. If you bring something to the assignment, and want to continue to
use it then the client would have to purchase the rights. If you develop it on
their time in conjunction with them it gets more tricky.

There was a case involving NAB and an IT consultant about IP circa 2000.

Marghanita da Cruz
Phone: (+61)0414 869202

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