Moral Rights and their Position in the Digital World: An Appraisal

  • Shariqa Mehmood
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  • Shariqa Mehmood

    Research Scholar at Department of law, Aligarh Muslim University, Aligarh, India

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This paper examines the theory and purpose of moral rights and explores moral rights in the digital context. By mistreating the author's work, the idea of moral rights seeks to save him from experiencing the moral, intellectual, or spiritual repercussions. The concept of moral rights is challenged in three different ways by the digital age. The principal type of legal control guiding emerging technology is now copyright law. Second, there may be conflicts between modern technologies and artistic production. For instance, a computer programme that creates art is also one that is protected by copyright laws as a literary work. Third, new technological advancements have also made it feasible for the general people to participate in artistic creations in a novel way, introducing subtle and undetectable changes. The effect of digital technology on authors' moral rights is the subject of this essay. Due to the ability to copy, modify, and distribute works of art using information technology, it is extremely difficult for authors to control how their works are used and, when problems arise, to preserve their moral rights.Despite these issues, this essay argues that because of modern technologies, moral rights are actually becoming more significant. Just as the power to alter works is at its greatest, issues about creative integrity and the preservation of cultural heritage become more important. This paper contends that the development of technology demands a new understanding of moral rights, one that emphasises future cooperative efforts between authors and their audience to preserve culture. Technology has the impact of "democratising" author-audience connection by allowing for closer audience-author collaboration during the creative process. Despite the possible threat to artistic integrity, authors and artists should accept this transition due to the long-term advantages it will bring to cultural life.Modern technologies raise questions about the applicability of established moral rights doctrine, law, and practises because they are based on the same principles that underpin defending moral rights. Notably, the digital era has given rise to new ways to create artistic works as well as the possibility of new sorts of works, themselves, which has challenged our conception of authorship, creative activity, and their interrelationship. This paper makes an effort to illustrate the challenges that moral rights encounter in the modern digital environment.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1785 - 1800


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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