Consider This: Moral Rights, Wrapped in a Holiday Ribbon
Copyright, moral rights, and holiday decorations — what could go wrong?Festive holiday decorations and displays on storefronts and in shopping malls make the dreary winter days and nights brighter and more appealing. In 1982, Toronto’s Eaton Centre had an idea for part of their decorations. A few years before, they had purchased and installed a large hanging sculpture in the atrium of the mall, “Flight Stop”, which is made up of the figures of sixty soaring Canada Geese. That year, Eaton Centre festooned the neck of each goose with a bright red ribbon. The consequences of that action helped define an important provision in Canadian copyright law.
Michael Snow, the sculptor of “Flight Stop”, brought legal action against the Eaton Centre to have the ribbons removed. Snow contended that adding the ribbons modified the work to the prejudice of the honour or reputation of the author (Copyright Act, s.28.2(1)). The Court agreed and ordered the ribbons to be removed. Even though Eaton Centre now owned the work, the Court deemed that the right of a creator to the integrity of his/her work is a “moral right” under copyright law, and so this right remained enforceable by Snow.
Most copyright disputes relate to economic rights in works, and those rights can be sold, assigned, licensed or transferred. Moral rights are different. The author of a work has the right to the integrity of the work and to be associated with the work as its author (s 14.1(1)). These moral rights remain for the full term of copyright: they cannot be assigned, but they can be waived in whole or in part (s. 14.1(2). A waiver of moral rights has to be explicit: it cannot be implied from an assignment of copyright (s. 14.1(3)).
So what does this mean for creators? It means that even when you have assigned your copyright in a work, you still retain your moral rights. That means you retain the right to have your work attributed to you and that you retain the right not to have the work changed in a way that might prejudice your reputation as the creator. Some standard form agreements will include a waiver of moral rights; before you agree to grant such a waiver, you should consider the waiver’s scope and limits, as well as the implications and what you are being offered in exchange.
In this season of giving, and throughout the year, be sure not to give away your moral rights without due consideration.
For more information about copyright at the University of Alberta, check out the Copyright Office website, or email our help desk.
Adrian Sheppard — Director, Copyright Office
Adrian has been the Director of the University of Alberta’s Copyright Office since April 2015. One role of the Copyright Office is to educate and inform U of A students, faculty and staff on issues related to copyright. Adrian has an LL.B. from the University of Victoria.
Note: This post is intended to provide information and perspective about copyright issues, but should not be considered as legal advice.
