Title: Moral Rights

*Updated: November 2023
Extension to Copyright Term in Canada
When this video was recorded, the general term of copyright protection in Canada was life of the author plus 50 years ("Life + 50"). On December 30, 2022, that term became Life + 70. This 20-year extension does not apply retroactively to works already in the public domain in 2022.

Learning Objectives:

- Define the two key components of moral rights
- Compare and contrast moral rights with economic rights in copyright
- Recognize what constitutes an infringement on moral rights
- Understand the limitations of the Canadian approach to moral rights for protecting Indigenous knowledge

Two or three components of moral rights?
We have divided moral rights into two main components, association and integrity, drawn from s.14.1(1) of the Copyright Act. Others interpret moral rights as having three components: paternity, integrity, and association. Association in this context is sometimes listed as a subcategory of integrity and refers to association with a product, service, cause or institution as opposed to authorship.

Here is a "novel" example of this.
In the Prise de parole Inc. v. Guérin, editeur Ltee (1996). 104 F.T.R.104 (F.C.T. D.), author Doric Germain sued book publisher Guérin for including an unauthorised, abridged version of his young adult novel in an anthology, which resulted in plummeting sales of his original book. The court awarded damages for the infringed reproduction right but found Guérin’s disapproval of the edits was insufficient evidence that his honour or reputation had been damaged and dismissed the moral rights claim.

[Image: Notice of Extension to Copyright Term in Canada]

Canadian Copyright: A Citizen’s Guide
Murray, L.J., Trosow, S.E. (2013). Canadian copyright: A citizen’s guide. Between the Lines

What are the two key components of moral rights:

Q: What are the two key components of moral rights:
- Association and integrity (correct)
- Association and attribution
- Association and affiliation
- Salvation and Purgatory

The right to association also includes the right to use a pseudonym and the right to remain anonymous.

Q: The right to association also includes the right to use a pseudonym and the right to remain anonymous.
A: true

Which feature is not common to both moral and economic rights in copyright in Canada:

Q: Which feature is not common to both moral and economic rights in copyright in Canada:
- Can be transferred during an author’s lifetime (correct)
- Term of protection
- Can be negotiated between a licensee and creator
- Define author broadly (e.g. author = filmmaker, performer, etc.)

Currently, for sculptures, engravings and paintings, moral rights infringement occurs when:

Q: Currently, for sculptures, engravings and paintings, moral rights infringement occurs when:
- The work is moved to a new location
- There is a change to the structure containing the work
- The work is altered as part of preservation efforts
- There is any other kind of modification than those listed above (correct)

Changes to the Copyright Act since the Snow v. Eaton Centre Ltd. case mean that:

Q: Changes to the Copyright Act since the Snow v. Eaton Centre Ltd. case mean that:
- It has been suggested that the bar has been raised for proving moral rights infringement for works that are not sculptures, engravings or paintings (correct)
- Canadians are only allowed to do Christmas shopping through the Eaton’s catalogue
- All geese statues in Canada must wear bows
- Moral rights are only guaranteed if you paint an engraved sculpture

When will the Eaton Centre be able to put bows on Snow’s geese sculpture, "Flight Stop"?

Q: When will the Eaton Centre be able to put bows on Snow’s geese sculpture, "Flight Stop":
- 70 years after the death of Snow (correct)
- Never
- After the Eaton Centre successfully defeats Snow in a duel for honour
- They won’t be able to as Amazon will have put the mall out of business (RIP Eaton’s)

A claim that moral rights have been violated by modifying a work is more likely to succeed in court if it is backed up by evidence that the creator’s reputation has suffered as a result.

Q: A claim that moral rights have been violated by modifying a work is more likely to succeed in court if it is backed up by evidence that the creator’s reputation has suffered as a result.
A: true

Moral rights (as opposed to economic rights) in copyright:​​​​​​​

Q: Moral rights (as opposed to economic rights) in copyright:
- Can be waived but not transferred
- Deal with reputation and honour of the creator
- Are not really a thing in the U.S.
- All of the above (correct)

The current Canadian approach to moral rights is poorly suited for protecting Indigenous knowledge and cultural expression because:

Q: The current Canadian approach to moral rights is poorly suited for protecting Indigenous knowledge and cultural expression because:
- Moral rights are based on Western ideas of ownership and authorship
- There is not always an identifiable author for these works
- Damages to reputation could impact a nation, community, or culture rather than an individual
- All of the above (correct)

Choose the correct statement.

Credits: Moral Rights; by University of Alberta; 2019; licence CC BY 4.0