Differences and Similarities Between Moral Rights and Economic Exploitation Rights

2 July, 2024
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Intellectual property
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Lucas Charnet


As we have seen in previous articles, the Intellectual Property Law establishes a legal framework with two fundamental types of rights for authors: moral rights and economic exploitation rights. These rights provide authors with recognition and respect for their work, as well as the necessary economic incentives to continue creating. But what are the differences between them? Which ones can be transferred, and which are inalienable? In this article, we will explore in detail the similarities and differences between these two types of rights, and how together they contribute to the comprehensive protection of authors.

Nature of the Rights

The main difference between moral rights and economic exploitation rights lies in their nature. Moral rights, also known as subjective rights, protect the personal relationship of the author with their work, ensuring that the author maintains the recognition and integrity of their creation. These rights, as we have already seen, include the right of paternity, which ensures that the author is recognized as the creator, and the right to integrity, which protects the work from any modification that may harm the author’s honor or reputation.

On the other hand, economic exploitation rights, also known as patrimonial rights, allow the commercial exploitation of the work. These rights, such as reproduction, transformation, distribution, and public communication, allow the author to obtain economic benefits from their creation. Although both types of rights are different in nature, they coexist and complement each other to offer comprehensive protection to authors. This duality is essential for creators to enjoy lasting recognition while also benefiting economically from their work.

For example, a musician may have the moral right to be recognized as the creator of a song (right of paternity) and at the same time may license the rights of reproduction and distribution of their music to a record company (patrimonial rights) to commercialize it and obtain economic benefits.

Irrevocability and Transferability

However, in practice, the biggest difference between them lies in their irrevocability and transferability. In this sense, moral rights are irrevocable and intransferable, which means that the author cannot renounce them or transfer them to another person. This ensures that the personal bond of the author with their work remains intact. The irrevocability of moral rights is crucial because it protects the identity of the author and the integrity of the work, preventing third parties from modifying it without consent.

In contrast, economic exploitation rights are transferable and can be assigned or licensed to third parties, allowing authors to monetize their creations. This characteristic of transferability is crucial for authors to negotiate and receive compensation for the use of their works. For example, an author can sell the adaptation rights of their novel to be turned into a movie, allowing their work to reach a new audience and generate additional income. Similarly, a musician can assign the rights of a composition to a brand for an advertisement. Although once the rights are transferred, the author may agree not to receive additional economic benefits, they will still be recognized as the author (right of paternity) of the work.

It is important to note that all of this is according to the Intellectual Property Law and the European-continental tradition of author rights, as the Anglo-Saxon copyright system is governed by different principles.

Duration

Another significant difference is the duration of these rights. Moral rights, such as paternity and integrity, are perpetual, continuing after the author’s death and passing to their heirs. This aspect preserves the recognition and integrity of the work over time, ensuring that the identity and contribution of the author are recognized by future generations, even if the work is in the public domain.

In contrast, economic exploitation rights have a limited duration, which varies according to the legislation of each country, but generally extends for a certain number of years after the author’s death, allowing the works to eventually pass into the public domain and be freely used by society. In Spain, this time limit is the life of the author plus 70 years. This means that if a work generates royalties annually, the author’s heirs can continue to receive them up to 70 years after their death. The purpose of setting this limit is to balance the interests of the author with those of society, ensuring that creative works eventually become available to all without restrictions.

Practical Example

To illustrate how these rights work in practice, consider the case of a painter. Imagine that 90 years after his death, an unpublished painting appears in the attic of a house among a relative’s belongings. This painting, although previously unknown, would be in the public domain, meaning the economic exploitation rights would have expired, as more than 70 years have passed since the painter’s death. Therefore, anyone could reproduce, distribute, and use the image of the painting without needing to obtain permission or pay royalties to the painter’s heirs.

However, although these patrimonial rights (economic exploitation rights) have expired after the author’s life plus 70 years, the heirs will still have paternity and integrity rights over the work, as moral rights will be perpetual even after the creator’s death. This means that the heirs can demand recognition of authorship and oppose any alteration that distorts the integrity of the work. This example shows how the passage of time allows creative works to become accessible for the benefit of society in general, while moral rights continue to protect the author’s personal relationship with their creation.

Conclusion

The relationship and understanding of moral and economic rights can be complex due to differences in their regulation and characteristics, as we have seen throughout this article. Moral rights are inalienable and perpetual, protecting the integrity and recognition of the author over their work, even after their death. In contrast, economic exploitation rights have a limited duration and can be transferred or licensed to third parties, allowing for financial benefits to be obtained over a specific period of time.

This duality in intellectual property protection underscores the importance of thoroughly understanding the scope of each type of right. For authors and businesses managing works, it is crucial to know how to protect and utilize these rights effectively. Proper copyright management not only ensures respect and integrity for works but also maximizes economic opportunities derived from them. Therefore, a clear and detailed understanding of moral and economic rights is essential to safeguarding the personal and economic interests of creators.

At MES Advocats, we offer comprehensive advice and support in the registration, protection, and management of creative works, providing personalized and efficient service to our clients. Our experience allows us to deliver fast, tailored services with excellent outcomes. If you need more information or are interested in obtaining a quote, please do not hesitate to contact us.

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