Page 99 - Law and the Media

Law and the Media
television programme or film script to agree to waive his moral rights in order for the
producer to avoid the risk of overall editorial control by the author. Otherwise, the situation
could arise where the author claims minor cuts or additions to his work breach the right to
paternity or the right to integrity. Sometimes television programmes or film cannot be sold
unless the purchaser, such as a broadcaster or distributor, can adapt the material to fit
schedules or markets.

Paternity
The right of paternity is the right of the author of a literary, dramatic, musical or artistic work
or the director of a film to be identified as the author. The right does not apply automatically.
The identification as author must be clear, reasonably prominent, and in a form that may
include use of a pseudonym approved by the author or director. The identification must
appear in or on each copy of the work, or in some other way likely to be brought to the notice
of people who obtain copies of the work or see the film. The author must also assert in
writing the right to be identified in this way whenever the work is made available
commercially to the public.

Where a copyright work is subject to fair dealing by film, radio or television for the purpose
of reporting current events, identification is not required.

There are limitations to the right. Photographers and journalists do not have a right to credit
for their work that is produced for the purpose of publication in a newspaper, magazine or
similar periodical.

Damages are available if the author’s right to be identified is ignored. There are no guidelines
as to the appropriate measure of damages. They are meant to cover any financial loss
suffered. An author or director may be able to prove financial loss as a result of a failure to
bring his name to the attention of the public in connection with a successful work. No
damages can be awarded for hurt feelings.

Integrity
The right of integrity is the right of an author of a literary, dramatic, musical or artistic work
or the director of a film not to have his work subjected to ‘unjustified modification’ – in other
words, any addition, deletion, alteration or adaptation. Modification is justified only if
‘reasonable in the circumstances, and not prejudicial to the honour or reputation’ of the
author or director. There are no guidelines about what will be considered reasonable by this
definition. Publication to the public of unjustified modified versions of copyright works
infringes this right.

Authors who produce work in the course of their employment cannot complain if their
employer consents to a modification. The rights of film directors employed under a contract
are similarly limited.
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