Clause library
Moral rights clause, explained
moral rightsMoral rights are the author’s personal rights in a copyright work: to be identified as author, and not to have the work subjected to derogatory treatment. In the UK they sit in the Copyright, Designs and Patents Act 1988 ss.77–80. They cannot be assigned. They can be waived in writing, signed by the person giving them up, under s.87.More in the glossary are the author’s right to be identified and the right against derogatory treatment — they cannot be assigned, and a waiverA waiver is a choice not to enforce a right this time, without rewriting the contract. Accepting late work once does not, by itself, kill a time-is-of-the-essence clause if a no-waiver line is present. Waiver is not a variation: Rock Advertising Ltd v MWB [2018] UKSC 24 still requires the agreed method for a change of terms.More in the glossary has to be in signed writing.
Last updated 28 October 2026
What does a moral rights clause do?
Moral rights are the author’s right to be identified (CDPA 1988 s.77) and the right against derogatory treatment (s.80). They cannot be assigned. A waiver must be in writing signed by the person giving up the right (s.87). The identification right must be asserted (s.78). We write the waiver, or the credit, on one page.
What moral rights exist in England and Wales?
For the author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film: the right to be identified (s.77) and the right against derogatory treatment (s.80). A photograph is an artistic work (s.4). There is also a right against false attribution (s.84) and a privacy right in certain films and photographs (s.85). Employees’ first ownership of copyright (s.11(2)) does not by itself waive moral rights. See moral rights.
Can moral rights be assigned with the copyright?
No. CDPA 1988 s.94 says moral rights are not assignable. Copyright can move under s.90(3); the author’s paternity and integrity rights stay with the author. A client who needs a free hand to crop, re-cut or re-credit must take a waiver, not an assignmentAssignment is the transfer of rights under a contract to someone else, such as the right to be paid. In England and Wales a legal assignment of a debt must be in writing, absolute, and notified, under the Law of Property Act 1925 s.136. Duties do not pass by assignment; moving duties takes a novation.More in the glossary of the moral right. Write that split next to the IP assignment so the two sentences do not fight.
How is the right to be identified asserted?
CDPA 1988 s.78: the right is not infringed unless it has been asserted. Assertion is by a statement in the assignment instrument, or by an instrument in writing signed by the author, generally or as to specified acts. A credit ‘where practicable’ in a proposal is not always enough. If credit matters, assert s.77 in the signed contract and name the credit line. See usage rights and credit.
Should a freelancer waive moral rights?
Only as far as the job needs. A wide s.87 waiver lets the client crop, re-grade, re-title and drop the credit. A narrow waiver — integrity waived for ordinary adaptation, paternity kept and asserted — is the usual freelance trade. The waiver must be in writing signed by the person giving up the right (s.87). A US-style ‘work for hireWork for hire is a phrase, common on US-style papers, meaning the client is treated as the author and owner of the work from the start.More in the glossary’ line does not waive English moral rights. Do not hide the waiver inside the assignment paragraph.
Example wording
Example · our own drafting
The Supplier asserts its right to be identified as author of the Deliverables under CDPA 1988 s.78. The Client will credit the Supplier as ‘[credit line]’ on published use, unless the scheduleA schedule is an annex to the contract that holds the detail: fees, dates, deliverables, service levels. It is part of the agreement if the main body says so. An order-of-precedence line should say what happens if the schedule and the clauses collide. Swap a schedule only by the variation method the contract names.More in the glossary says credit is not required. The Supplier waives, by this signed instrument, its right to object to derogatory treatment of the Deliverables under s.80 only so far as reasonably needed for the uses licenceA licence is permission to use work in an agreed way, without taking ownership away from the person who made it.More in the glossary in this agreement. Moral rights are not assigned.
In Plain English
The supplier asserts the right to be named as author, in this signed contract. The client will use the named credit line when the work is published, unless the schedule says no credit. The supplier gives up, in this signed paper, only the right to object to ordinary edits needed for the agreed uses. Moral rights stay with the supplier; they are not sold with the copyright.
What should you watch for?
| Point | Watch for | Push for |
|---|---|---|
| Assertion | A credit wish with no s.78 assertion in the signed paper. | An assertion in the contract, and a named credit line. |
| Waiver | A blanket s.87 waiver of all moral rights on a day rate. | A narrow integrity waiver for the licensed uses, with paternity kept. |
| Assignment | Wording that pretends to assign moral rights with the copyright. | A sentence that moral rights are not assignable (CDPA s.94). |
| Form | A waiver buried in terms the author never signed. | A waiver in writing signed by the person giving up the right (s.87). |
| US wording | ‘Work made for hire’ pasted into an England and Wales paper. | English assignment, licence and moral-rights sentences instead. |
Which contracts include it?
Lex includes this clause in, among others:
- Photography licence
- Graphic design contract
- Music producer agreement
What does the law say?
The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as author or director (s.77) and the right not to have the work subjected to derogatory treatment (s.80). Moral rights cannot be assigned; they may be waived by an instrument in writing signed by the person giving up the right (s.87).
Source: Copyright, Designs and Patents Act 1988, ss.77, 80 and 87Checked 28 October 2026Pending lawyer review
The author of a work is the first owner of any copyright in it. Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of employment, the employer is the first owner, unless agreed otherwise. A photograph is an artistic work irrespective of artistic quality.
Source: Copyright, Designs and Patents Act 1988, ss.4 and 11Checked 28 October 2026Pending lawyer review
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Frequently asked questions
What does a moral-rights clause mean?
It records the author’s right to be identified (CDPA 1988 s.77) and the right against derogatory treatment (s.80): whether those rights are asserted, credited, or waived in signed writing. Moral rights cannot be assigned.
What moral rights exist in England and Wales?
The right to be identified as author or director (s.77) and the right not to have the work subjected to derogatory treatment (s.80), plus false attribution (s.84) and a limited privacy right (s.85). A photograph is an artistic work (s.4).
Can moral rights be assigned with the copyright?
No. CDPA 1988 s.94 says moral rights are not assignable. Copyright can move under s.90(3); paternity and integrity stay with the author unless waived in signed writing (s.87).
How is the right to be identified asserted?
Under s.78, by a statement in the assignment instrument or by a signed writing, generally or as to specified acts. The right is not infringed unless it has been asserted. Put the assertion in the signed contract.
Should a freelancer waive moral rights?
Only as far as the job needs. A narrow integrity waiver for ordinary adaptation, with the right to be identified asserted and credited, is the usual trade. Any waiver must be in writing signed by the person giving up the right (s.87).
Sources
- Copyright, Designs and Patents Act 1988, ss.77, 80 and 87Checked 28 October 2026Pending lawyer review
- Copyright, Designs and Patents Act 1988, ss.4 and 11Checked 28 October 2026Pending lawyer review
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The legal wording governsLast reviewed 28 October 2026Pending lawyer review