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Subject: Moral rights legislation

Moral rights legislation

From: Sallyanne Gilchrist <sallyanne_76>
Date: Tuesday, September 26, 2000
I am a conservation student at the University of Canberra and I am
conducting an investigation into the effects of proposed
moral-rights legislation on the Australian conservation
professional. While the introduction of moral-rights legislation
will have a more direct effect on the visual artist, it will
undoubtedly add an extra dimension to the duty of care of all
Australian conservators. I would be interested to hear how
moral-rights legislation affects conservators in countries where it
already exists.

Moral rights act to protect works of art and the reputation of the
artist and they are distinct from economic rights, such as property
rights or copyrights, which can be sold or licensed in return for
payment. Therefore, moral rights are not transferable.

The additions to Australian legislation include two components that
directly affect the visual artist:

    1.  Right of Attribution--the right to be known as author or
        creator of the work;

    2.  Right to Integrity--the right to object to and prevent any
        distortion, mutilation or alteration to a work. This
        includes maintaining works in good condition and consulting
        the artist on any necessary repairs. This right also gives
        the artist the ability to object to "derogatory treatment"
        of their work which includes actions such as manipulating,
        distorting or the destruction of the materials.

I am particularly interested in how has moral rights legislation has
affected the conservator's legal obligation to protect the artist's
intent and the reputation of that artist?

Sallyanne Gilchrist

                  Conservation DistList Instance 14:21
                 Distributed: Thursday, October 5, 2000
                       Message Id: cdl-14-21-010
Received on Tuesday, 26 September, 2000

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