Moral rights and economic rights

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Copyright splits into two bundles with different fates: one you can sell, one tied to the author and lasting indefinitely.

Saying "I own the copyright" is shorthand for a bundle of distinct rights that fall into two groups with very different fates.

Moral rights (Article 19)

Four rights personal to the author: to title the work; to be named on it under a real name or pen name whenever it is published or used; to publish it or authorise publication; and to the integrity of the work, preventing distortion, mutilation or modification prejudicial to the author's honour and reputation.

The crucial point: all of these except the right of publication last indefinitely and cannot be assigned. You cannot sell the right to be named as author, and nobody can buy it. The right of publication is the exception — it has a term and can be transferred, because it is tied to commercial exploitation.

A consequence often overlooked: The Tale of Kieu passed out of economic protection long ago and anyone may print and sell it. But you still may not put your own name on it as author, nor modify it in ways that distort it.

Economic rights (Article 20)

The commercial bundle: making derivative works (translation, adaptation, arrangement, transformation, compilation, annotation, selection); public performance; reproduction, directly or indirectly, in whole or in part, by any means; distribution and importation of originals or copies; communication to the public by wire, wireless or electronic networks — the right that governs all online posting; and rental of originals or copies of cinematographic works and computer programs.

This whole group can be assigned or licensed, and it has a term.

Why the distinction matters in contracts

When you sign an agreement "transferring all copyright", what actually transfers is the economic rights. The author retains the right of attribution and the right to integrity — permanently.

That creates a situation many businesses do not anticipate: you buy a design outright and own the economic rights entirely, but if you alter it in a way the author considers damaging to their reputation, they still have grounds to object. The practical fix is to agree the permitted scope of modification in the contract up front.

Performers also hold moral rights in their performances — to be identified when performing and when recordings are issued, and to the integrity of their performance image. Producers of recordings and broadcasting organisations hold economic rights only.

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