If your company hires an entrepreneur who creates intellectual property, your contractor may have moral rights to his work. Moral rights are rights that protect the intellectual property of authors. For example, an artist`s name should always appear next to his artwork in an exhibition. As a company, it is important that you do not violate your contractor`s moral rights. Moral law clauses in your contract can be used to protect your business from infringement procedures. So what is the moral of this story? It is that the possession of copyright in a work is not the same as dealing with a pass, regardless of the imagination. The author of a work has inherent moral rights in his work and is able to assert a degree of control over the use of that work, unless those rights are waived. Thoughtfully developed contractual clauses are a legally enforceable means of achieving these rights and should be included in all employment contracts relating to intellectual property. This is important because, otherwise, the company would not be able to substantially alter the documents produced by the employee, as it would violate the employee`s moral right to integrity or use documents produced by employees without naming them, without infringing the right to imputation. Moral rights are automatic personality rights related to works in creation. They differ from copyright and include: It is customary for a moral legal clause to require the contractor to accept the use of his works or materials without proper assignment. This clause may also apply to third parties.
The onus is on the contractor to ensure that third parties have agreed to use their work in this way. If the company violates the moral rights of the third party, the contractor may be obliged to pay compensation. The source of copyright and moral rights is copyright law. (the “law”). Under the law, copyright and moral rights apply to “any original literary, dramatic, musical and artistic work,” and “literary” works have been interpreted broadly to encompass everything from novels, blogs and computer source essays to compiled software. In today`s digital world, where everyone is a “content creator” and where, as Mark Andreessen put it, “software eats the world”, everywhere, everyone, by everyone, we create works that apply to copyright. Copyrighted works are not only fundamental to the quintessence of many organizations, they are often the public face of these organizations.