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moral rights : ウィキペディア英語版 | moral rights
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.〔"moral, adj.". OED Online. September 2011. Oxford University Press. 25 October 2011.〕 The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work. Moral rights were first recognized in France and Germany, before they were included in the ''Berne Convention for the Protection of Literary and Artistic Works'' in 1928.〔Kwall, Roberta Rosenthal (2010) (''The Soul of Creativity: Forging a Moral Rights Law for the United States'' ), Stanford University Press ISBN 978-0-80475-643-3〕 Canada recognizes moral rights (''droits moraux'') in its ''Copyright Act'' (''Loi sur le droit d'auteur'').〔(Copyright Act ) (R.S.C., 1985, c. C-42)〕 Although the United States became a signatory to the convention in 1989,〔(Countries )〕 it still does not completely recognize moral rights as part of copyright law, but rather as part of other bodies of law, such as defamation or unfair competition.〔 Some jurisdictions allow for the waiver of moral rights.〔 In the United States, the ''Visual Artists Rights Act of 1990 (VARA)'' recognizes moral rights, but applies only to a narrow subset of works of visual art.〔Gassaway, Laura (December 2002) "Copyright and moral rights", ''Information Outlook'', Vol. 6, No. 12, p. 40 (Copyright Corner)〕 ==Berne Convention== Article 6bis of the ''Berne Convention'' protects attribution and integrity, stating:
Independent of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to the said work, which would be prejudicial to the author's honor or reputation.〔(), Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).〕
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