Moral rights for Australian performers and creatives.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

Moral rights are personal rights that protect the connection between a creator and their work. They are separate from copyright and cannot be sold or assigned. Under Part IX of the Copyright Act 1968 (Cth), the author of a script, a musical work, choreography or an artistic work has three moral rights: the right of attribution, the right not to have authorship falsely attributed, and the right of integrity.

Since 26 July 2007, performers also have moral rights in their live performances and in sound recordings of those performances. Moral rights stay with the creator or performer even after the copyright is sold. They can be infringed by leaving a writer uncredited, by crediting the wrong person, or by treating a work in a way that harms the creator's honour or reputation.

The three moral rights explained

The right of attribution is the right to be identified as the author when the work is used, for example performed, published or copied. The right against false attribution is the right not to have someone else named as the author, and not to have an altered work presented as the untouched original. The right of integrity is the right not to have the work subjected to derogatory treatment that is prejudicial to the author's honour or reputation.

Performers' moral rights

From 26 July 2007, performers gained their own moral rights in relation to their performances. A performer has the right to be identified as the performer, the right not to have performership falsely attributed, and the right of integrity in the performance. These rights apply to live performances and to sound recordings of them. They do not extend to the audio-visual recording of a live performance, and they apply to performances or recordings made on or after 26 July 2007.

What is derogatory treatment?

Derogatory treatment means doing something to the work, such as a material distortion, mutilation or alteration, or an act in relation to the work, that is prejudicial to the author's honour or reputation. Not every edit is an infringement. Cutting a script for time, or adapting a work in a way the author has consented to, may be reasonable. Changing a work so that it carries a meaning the author never intended, and doing so in a way that damages their reputation, is the kind of treatment the integrity right is meant to prevent.

Consent, not assignment

Moral rights cannot be sold or assigned. The mechanism used in the industry is consent. An author or performer can consent in writing to specified acts or omissions that would otherwise infringe, for example agreeing that they need not be credited in certain contexts, or consenting to particular edits. A court also asks whether an infringement is reasonable in all the circumstances, which takes account of industry practice and the nature of the work. Well-drafted engagement and commissioning contracts deal with attribution and integrity by clear consent clauses rather than by pretending the rights can be bought.

How long do moral rights last?

Moral rights generally continue in force for as long as copyright subsists in the work, which for most works is the life of the author plus 70 years. The right of integrity in a film is an exception and generally lasts for the life of the author. Because the rights outlive the creator in most cases, a producer dealing with an estate may still need to address attribution and integrity.

Practical steps for producers and artists

Two clauses solve most moral rights problems. First, an attribution clause that sets out exactly how and where the writer, composer, choreographer or performer will be credited. Second, a consent clause that identifies any changes, cuts or uses the creator agrees to, expressed clearly and fairly. For artists, the practical lesson is the reverse: read what you are consenting to before you sign, because a broad consent can give away the protection the law would otherwise provide.

Frequently asked.

Can I sell or sign away my moral rights?

No. Moral rights cannot be assigned. You can consent in writing to specified acts or omissions that would otherwise infringe them, which is how the industry manages credit and editing.

Do performers have moral rights in Australia?

Yes. Since 26 July 2007, performers have the rights of attribution, against false attribution, and of integrity in their live performances and in sound recordings of them. These rights do not extend to audio-visual recordings of a live performance.

Is it a breach to leave a writer off the credits?

It can be. The right of attribution requires the author to be identified when the work is used, subject to any consent and to what is reasonable in the circumstances. Failing to credit a writer where attribution is expected can infringe.

What counts as derogatory treatment of a work?

A material distortion, mutilation or alteration of the work, or an act in relation to it, that is prejudicial to the author's honour or reputation. Reasonable edits, or edits the author has consented to, are treated differently.

How long do moral rights last?

Generally as long as copyright subsists, which for most works is the life of the author plus 70 years. The integrity right for a film generally lasts for the life of the author.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 13 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

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