Guide to Moral Rights Print E-mail
Written by Felix Da Silva (fdasilva@bitnip.com)   
Saturday, 02 June 2007
Article Index
Guide to Moral Rights
The Right of Attribution
The Right to Object to False Attribution
Right of Integrity

The right to object to false attribution


Provides individuals with the right not to be named on works which they have not created.

  • the right to object to false attribution applies whether or not the claimant is an author
  • the right to object to false attribution applies to persons (Clark v Associated newspaper) wrongly named as the authors of LDMA and as the directors of films.
  • Only lasts for 20 yrs after the death of the person who is falsely said to be the author.

  • This right is infringed by a person who issues copies of a work to the public or exhibits in public an artistic work on which there Is a false attribution.
  • Can also be infringed by a person who performs, broadcasts or shows the work and who knows that the attribution is false.
  • Whether a work has been attributed to the wrong person depends on ‘the single meaning which the … work conveys to the notional reasonable reader’ (Clark v Associated Newspaper)
    • There is no need for the complainant to prove that the attribution actually caused them any damage.
    • Noah v Shuba
      • An author’s work was held to be falsely attributed when it was attributed to the author after having been substantially added to by another person without their consent.
  • The right to object to false attribution of authorship is supplemented by various non statutory causes of action such as the action of passing off or defamation.
    • Ridge v Engish illustrated magazine
      • The defendant published a story that they attributed to the plaintiff, a well known author, which in fact had been written by a grocer’s assistant from Bournemouth.
      • The court instructed the jury to find the publication to be defamatory if anyone reading the story would think that plaintiff was a mere commonplace scribbler.