Moral Rights are a unique and fundamental part of copyright law that protects the author's personal connection to their work. Unlike economic rights, which can be sold or transferred, moral rights are inalienable from the author. These rights ensure that the author is always credited and that their work is not distorted in a way that harms their honor and reputation. In the digital age, where content manipulation and "copy-pasting" happen instantly, the protection of moral rights is becoming increasingly relevant for writers, photographers, musicians, and architects.
Our legal services focus on protecting the author's reputation and the integrity of the work. The service includes:
- Right of authorship: Responding to plagiarism when someone appropriates your work or when your work is used without attributing the author.
- Right of integrity: Taking legal action against distortion, modification, or other derogatory treatment of the work that damages the author's honor (e.g., crude editing of a photo or changing the meaning of a text).
- Right of divulgation: Assisting in disputes if a publisher or client publishes a work without the author's final consent.
- Right to a pseudonym: Protecting the author's right to remain anonymous or use a pseudonym.
- Moral damages compensation: Filing lawsuits to claim compensation not only for material loss but also for non-pecuniary (moral) damage due to the violation of personal rights.
Real-world examples vary: an architect whose designed building is defaced by an extension without the author's agreement; a photographer whose photo is used on an ad banner without credit; a musician whose song is used in a political clip with changed context unacceptable to the author. In all these cases, not only economic but also moral rights are violated, offering grounds for additional legal protection.
In Georgia, personal non-property rights are protected by the Law of Georgia on Copyright and Related Rights. This law explicitly states that the author owns the right of authorship, the right to a name, the right to integrity of the work, and the right to divulgation. It is important to note that even if economic rights are transferred (e.g., when a photographer sells the right to use a photo), moral rights remain with the author. They cannot be alienated.
The protection process begins with documenting the violation and sending a warning to the infringer. In many cases, restoring the author's name or removing the distorted work happens out of court. However, if reputational damage has already been done, the lawyer prepares a lawsuit claiming moral compensation. Legal.ge allows you to find lawyers who specialize in this sensitive and specific field.
On the Legal.ge platform, you will connect with professionals who understand the importance of the creative process. Do not let others appropriate your name or distort your vision. Protect your creative legacy with the power of the law.
Updated: ...