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Moral Rights Of Creators In The Age Of Digital Content

Somya Tyagi, Christ University (Central Campus)



ABSTRACT


Initially moral rights of creators are rooted in the principles of intellectual property law, ensuring that author a personal connection to their work, as to safeguard their honour and reputation. But in this age of digital content, artificial intelligence (AI), where the creativity intersect largely with technological advancement, the relevance of moral rights has become more significant and intensified. Digital platform empower creator to publicize their work globally but simultaneously it also expose them to challenges such as uncertified modifications, exploitation, and misattributions. Unlike economic rights, moral rights specifically emphasise the intrinsic value of the creator’s personality and integrity in their works. Basically these rights are particularly the right of attribution and the right of integrity that serve as the main component for protecting creators in a landscape dominated by user generated content, and many collaborative endeavours.


Increase of digital tools and social media has completely changed the content creation as well as revolutionised them, allowing many unidentified levels of participation. Moreover, this democratization also comes with risks, as digital work are vulnerable to distortion, unauthorised remixing and appropriation, often corrupting the essence of moral rights. The seamless nature of the Internet compounds the difficulty of enforcing these rights, With disparities in national legal framework further complicating matters. Many jurisdictions like France provide a stringent protection under the doctrine called droit moral doctrine, whereas countries like United States adopt more limited approach. These differences mainly underscores the urgent need for harmonised international standards that address the unique challenges posted by digital era.


This paper mainly explores the evolving concept of moral rights in digital contexts, critically analysing their application across different jurisdictions and their intersection with emerging technologies. It also examines the transformative potential of moral rights in digital economy, also equally underscores their significance in protecting creators legacy and promoting sustainable creative ecosystems. It also advocate different regulatory approaches to address the enforcement gaps an adaptive framework that balance the creator’s right with technological innovation.


Keywords: Moral rights, digital content, write of integrity, intellectual property common digital platforms, artificial intelligence, right of attribution, international standards, creative ecosystem, creator’s rights.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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