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Intellectual Property Section 2 Moral rights These are personal rights which belong to the creator (e.g. the writer) of a copyright work. They include the right for the creator to be identified as such. This right has to be asserted by the creator to be effective. In other words, you have to say expressly that you want to be identified as the author. Creators also have the personal right not to have their work altered in a derogatory manner and not to have the work of somebody else falsely attributed to them. These rights do not have to be asserted. You cannot transfer your moral rights, but you can waive them, though there is no reason why you should automatically do this. Moral rights do not arise in relation to any work created in the course of your employment which belongs to your employer or in computer software. Performers' rights There are certain rights given to performers to stop things like "bootlegging". Rights in performances cover not only dramatic, musical and literary reading but also things like circus acts. It does not cover sport itself. A performer can stop unauthorised recordings or live broadcasts and dealings in unauthorised recordings. Q: I recently filmed members of the public responding to a questionnaire which I had prepared. I am going to be showing the film to my peers and students in order to show them the difference between responses received to "open" questions and those received to 'closed' questions. Can I do this? A: No. You cannot show the film until you have obtained the consent of the members of the public that you filmed. These people have rights in their spoken words which you have recorded and so made into a literary work. You will also need their consent if you want to make any copies of or to sell your film. The same rules would apply if you recorded a person reading a book which you want to sell as an audio book – that person would have performer's rights. 9

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