Moral Rights under Canadian Copyright Law

This assignment provides an in-depth exploration of moral rights under Canadian copyright law, including their definition, protection, and infringement. The case study revolves around Abigail's work being used to support a campaign opposing her organization, leading to a discussion on the application of moral rights and potential remedies. The analysis is based on relevant sections of the Copyright Act and supporting literature.

Running head: BUSINESS LAW
BUSINESS LAW
Name of the Student
Name of the University

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BUSINESS LAW
Answer One:
In Canada the Moral Rights are protected under the Copyright Act. Such Moral Rights
can be defined as the Author’s rights to association, integrity and attribution of a particular
work. However moral rights are to be differentiated from economic rights of an author for a
particular work. It is to be mentioned that moral rights exist in a particular work as the
reflection of the personality of the author (www.canada.ca., 2018) Economic rights on the
other hand allow the author of a particular work to gain economic benefit from the particular
work. The author for can retain moral rights of a particular work as long as the copyright of
the particular work is retained by the author. An author can retain moral the rights for a
particular ice of work even if the copyright is assigned or transferred to another party. Moral
rights can only be waived by contracts and cannot be licensed or assigned. Sections 14.1,
14.2, S17.1 and Section 17.2 of the Copyrights Act contains the definition of moral rights.
Sections 28.1 and 28.2 of the aforementioned act contains the definition of infringement of
moral rights. Infringement of Moral rights includes acts or omission which are contrary to the
moral rights of a particular author. Section 34(2) of the aforementioned act contains
provisions of remedies for infringement of moral rights(Laws-lois.justice.gc.ca, 2018). Thus
after discussing the legal concept of moral rights it can be said that Abigail can continue to
retain her moral right even after the selling the copyright of her work to Tom.
Answer Two:
It can be said in accordance with section 28.2 of the Canadian Copyrights act that an
author has the right in reasonable circumstances to be associated with her work by name or
under a pseudonym (Laws-lois.justice.gc.ca, 2018). Thus, in this case it is Abigail’s right to
be associated with her work under a pseudonym.
Answer Three:

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It can be said in accordance to the provision of the copyright law that an author retains the
moral right of how the work is to be used and how the author is to be represented in the work.
Thus in this case Abigail can prevent tom to use her work to generate revenue for the
opposing organization.
Answer 4:
The definition of Infringement of moral rights is contained in section 28.1 and 28.2 of
the aforementioned act. It is to be stated in accordance with this code that integrity of a work
gets infringed if the act of infringement prejudices the reputation or honour of the Author of
the particular work (Bechtold & Engel, 2017). Infringement is also constituted if the
reputation of the author is distorted or mutilated or otherwise modified and associated with a
different piece of work.
Answer Five:
Thus it can be said after analysing the facts of the case and applying the legal
principles to it that Abigail can pursue her rights against Tom for infringement of her moral
rights. As contained in section 34(2) of the Copyright Act Abigail can be awarded damages
or an injunction which directs Tom to stop publishing the painting for the supporting the
campaign which is against the principles of Abigail’s organization.

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Bibliography
Bechtold, S., & Engel, C. (2017). The valuation of moral rights: A field experiment.
Copyright Act. (2018). Laws-lois.justice.gc.ca. Retrieved 18 March 2018, from http://laws-
lois.justice.gc.ca/eng/acts/c-42/
Network, C. (2018). Moral Rights - Canada.ca. Canada.ca. Retrieved 18 March 2018, from
https://www.canada.ca/en/heritage-information-network/services/intellectual-
property-copyright/nailing-down-bits/moral-rights.html
.