Rights of a Work: Moral Rights and Economic Exploitation Rights

18 June, 2024
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Intellectual property
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Lucas Charnet


Intellectual property is a complex and multifaceted field that protects human intellectual creations, ranging from literary and artistic works to scientific research and computer programs. But what rights does the author of each of these works have? What is the difference between reading a book in ebook or paper format? And between listening to a song on the radio or playing a vinyl record? Below, we will explore in detail what rights belong to the author of a work and how these interrelate to safeguard both personal and economic interests of the creators.

“Intellectual property consists of personal and proprietary rights that grant the author full disposal and exclusive rights to exploit the work, subject only to the limitations established by law.”

Thus, Article 2 of the Intellectual Property Law (LPI) establishes two fundamental categories in the protection of intellectual property. Firstly, known as moral rights, these are inherent and inalienable to the author and ensure that they maintain a personal connection with their work, protecting its integrity and appropriate attribution of authorship. Secondly, there are economic exploitation rights, which allow the author to obtain financial benefits from their work through reproduction, distribution, public communication, and transformation, as we will see below.

Moral Rights

As mentioned, moral rights protect the personal relationship of the author with their work. These rights are fundamental as they recognize that the creation of a work is not simply an economic act but a personal one that reflects the identity, vision, and expression of the author. Moral rights are inalienable and non-transferable, meaning they cannot be transferred or waived and endure even after the author’s death, passing to their heirs.

Right of Disclosure: The right of disclosure grants the author the exclusive right to decide if their work will be disclosed and in what form. This right is essential because it protects the author’s will to keep their work unpublished if they so desire. For example, a writer may choose not to publish a novel they consider too personal or incomplete.

Right of Paternity: The right of paternity allows the author to demand recognition of their authorship of the work. This right ensures that the author’s name or pseudonym is correctly associated with their creation, preventing others from falsely attributing authorship. This is especially important in academic and artistic circles where recognition of authorship is fundamental to the creator’s reputation and career.

Right of Integrity: The right of integrity allows the author to oppose any modification, distortion, or mutilation of their work that could harm their honor or reputation. This right protects the artistic and moral integrity of the creation, ensuring that the work is presented to the public as the author conceived it. For example, a painter may object to their painting being altered or elements foreign to their original vision being added.

A celebrated case exercising this right is that of Salvador Dalí, who was hired to design a luxury store window display on Fifth Avenue in New York. Although initially satisfied with his work, upon discovering the next day that they had moved and altered his design, he decided to destroy his work along with the store’s glass. While the judge ordered him to pay for the broken glass, he also ruled in his favor, stating that “every artist has the right to defend the integrity of their art, their work, to the fullest extent.”

Right of Modification: The right of modification grants the author the ability to make changes to their work, even after its publication, as long as these modifications do not affect rights acquired by third parties. This right acknowledges that the work is an extension of the author and that they may wish to improve or adapt it over time.

Right of Withdrawal: The right of withdrawal allows the author to withdraw their work from commerce, even after authorizing its exploitation, provided there are justified reasons and, if necessary, compensating the holders of economic rights for the damages caused. This right manifests the author’s ongoing control over their work and their desire to protect its personal integrity.

Economic Rights

On the other hand, economic rights are of an economic nature and allow the author or their rights holders to economically exploit the work. Unlike moral rights, economic rights can be transferred, sold, or licensed to third parties, enabling authors to earn income from their creations.

Right of Reproduction: The right of reproduction involves the direct or indirect, temporary or permanent fixation by any means and in any form, of the entire work or a part thereof, allowing its communication or obtaining of copies. This right enables the holder to authorize or prohibit the reproduction of their work by any means, whether physical or digital. This right is crucial in the digital age, where works can be easily copied and distributed. Controlling reproduction ensures that the author receives fair compensation for each copy of their work.

Right of Distribution: The right of distribution involves making the original or copies of the work available to the public in tangible form, through sale, rental, loan, or in any other way. This right gives the holder control over the distribution of copies of their work to the public and is crucial to ensure that works reach the public in the manner the author desires and that commercial agreements are respected.

Right of Public Communication: undoubtedly one of the most relevant rights given the current digital transformation and dissemination of content through digital platforms and mass media. The right of public communication encompasses any act by which a plurality of persons may have access to the work without prior distribution of copies to each of them. For example, in a concert, the audience has access to the work (song) without prior distribution of copies, as there is a live performance. This right grants the holder the authority to authorize or prohibit the communication of the work to the public, through any means that does not involve the distribution of physical copies, such as broadcasting, internet transmission, etc.

Right of Transformation: involves modifying the form of the work resulting in a different work, such as a translation. This right protects the originality of the work and ensures that any significant modification thereof requires the author’s authorization. For example, a novel adapted into a film must have the original author’s permission to respect their vision and creativity.

Right of Collection: as the term suggests, the right of collection allows the inclusion of the work in a collection of works. This right ensures that the author’s work can be compiled and presented alongside other works, which can be particularly valuable in the context of anthologies, compilations, and exhibitions.

Conclusion

In the vast and complex field of intellectual property, the distinction between moral rights and economic exploitation rights is crucial to understand how human intellectual creations are protected and managed. Moral rights ensure that authors maintain a personal and direct connection with their works, safeguarding the integrity and recognition of their authorship. These rights, inalienable and perpetual, reflect the most personal and ethical aspect of the relationship between the creator and their creation, protecting the identity and vision of the author even after their death.

On the other hand, economic exploitation rights enable authors to financially benefit from their works. These rights are transferable and licensable, facilitating the reproduction, distribution, public communication, and transformation of works. In an increasingly digital and globalized world, where works can be disseminated and copied with great ease, these rights are crucial to ensure that creators receive fair compensation for the use of their creations.

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 offer fast, tailored service with excellent results. If you need more information or are interested in obtaining a quote, do not hesitate to contact us.

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