Please note: the information provided is of a general nature only, and the provision of it does not constitute legal advice, nor does it create a solicitor-client relationship. The reader should seek advice from a lawyer pertaining to any particular fact situation.
Moral rights are different from copyright, explained in the answer to question 5 as a bundle of rights. Moral rights aim to protect a creator’s non-economic interests in his or her work. Generally it is recognized that the following moral rights exist in Canada:
- Right of paternity – the right to have the author’s name on the work, to use a pseudonym, and to remain anonymous
- Right of integrity – the right to prevent another from changing the work in such a way that it would be prejudicial to the creator’s honour or reputation
- Right of association – the right to prevent someone else from using the work in association with a product, service, cause or institution
A creator cannot sell or assign his or her moral rights to anyone, but can waive them in favour of a publisher. Some publishing contracts contain a provision whereby the author waives his or her moral rights, and a lawyer will caution against signing any such waiver.
I will be conducting interviews as research for my writing. What do I need to know about the legalities of using interviews as source material?
© 2014 – 2016 Jeananne Kathol Kirwin of Kirwin LLP