Moral rights are personal to you as the creator and sit alongside – but are distinct from – your economic copyright. Under the Copyright, Designs and Patents Act 1988, songwriters and composers have two key moral rights:
The right of attribution (also called the right of paternity) is the right to be identified as the author of your work. It applies when your song is published commercially, performed in public, broadcast, or included in a film. Importantly, this right must be asserted – it does not apply automatically. You assert it by including a statement in writing, which is typically done in publishing contracts or on score covers. If you have not asserted it, you cannot enforce it.
The right of integrity is the right to object to derogatory treatment of your work – meaning any distortion, mutilation or other modification that is prejudicial to your honour or reputation. Standard industry practices such as remixes, radio edits or shortened sync uses do not normally constitute derogatory treatment, but a use that fundamentally alters or misrepresents your work could.
Unlike economic copyright, moral rights cannot be assigned or sold. They remain with you personally for the duration of copyright (your lifetime plus 70 years) and can be exercised by your estate after your death. However, you can waive them, and publishers frequently ask writers to do so as part of publishing agreements. A blanket waiver gives up both rights entirely. If you are asked to waive your moral rights, consider negotiating – for example, waiving the integrity right for specific commercial uses such as advertising syncs while retaining it for other contexts.
