We’re reader-supported and may be paid when you visit links to partner sites. We don’t compare all products in the market, but we’re working on it!
Moral rights are in place to protect creatives and their works. There are some circumstances under which a creator may wish to waive their moral rights. This can be done by using a moral rights consent form.
We know these aren't the easy things to get your head around. So, we've put together this guide to navigate you through the process of writing up your own document.
What exactly are moral rights?
According to the Copyright Act 1968 (Cth), there are three types of moral rights. The right to:
- Attribution of authorship, i.e. to be acknowledged as the creator
- Not have authorship wrongly attributed, i.e. others will not be named as authors for work they didn't create
- The integrity of authorship, i.e. a creator's work will be respected and will not be used to affect the author's reputation.
What is a Moral Rights Consent?
Moral Rights Consent allows a third party to amend, alter and adapt copyrighted works without being in breach of the Copyright Act 1968 (Cth) or infringing the moral rights of the author. In simple terms, by signing a moral rights consent, an author is giving permission for their works to be used in a way that may breach their moral rights.
This can be in relation to any type of intellectual property, including musical, literary or dramatic works.
Download this template at Lawpath
When should I use a Moral Rights Consent?
Moral rights consent can be included as a clause in a wider contract (often used as part of an intellectual property clause) or as a completely separate consent form.
However you decide to incorporate the consent, it should be agreed to and signed by the creator of the copyrighted work at the very start of the working relationship, and before the work is used in any capacity.
What does a Moral Rights Consent include?
A moral rights consent is a straightforward form that should include:
- Personal details of both parties involved, i.e. the creator of the copyrighted work and the third party that wants to use the work
- Detailed description of the copyrighted work in question
- Specific acts and omissions that the third party is permitted to do, for example, reproducing or adapting the copyrighted work
- Designated space at the bottom of the form for the creator to sign the consent.
How effective is a Moral Rights Consent?
Moral rights consent is an important document to have in place, not only for the creator but for the third party too. If a business chooses to use a creation in a way that breaches the law, without moral rights consent, the creator can hold them accountable for infringing their rights.
Equally, if a creator gives a business permission to use their works without a moral rights consent, they will have no control over how it is used.
Do I need a lawyer to create a Moral Rights Consent?
While it's not wholly necessary to hire a lawyer to write up this form, it's always handy for a legal professional to look over the final piece. Doing so will make sure that both parties are covered fairly by the document, and can work to ensure that you avoid any unexpected lawsuits further down the line.
Get access to customisable Moral Rights Consent templates online
We update our data regularly, but information can change between updates. Confirm details with the provider you're interested in before making a decision.
How do I write a Moral Rights Consent?
Your consent form doesn't need to be more than a page long, and should only include the essential information outlined above. Remember that this is a one-way document that only needs to be signed by the creator of the copyrighted works.
This means it should be written in the first person, for example:
'I [name and address of the creator] acknowledge and affirm that I am the author of the works [describe works in question]'.
Where to get free legal documents and templates online
A template can save you the hassle of creating your own document from scratch. You'll find lots of legal templates online, below are a few recommended websites where you can find one.
- Lawpath. As an online legal resource for small businesses, users can browse free templates but must sign-up to access customisation options.
- Law Depot. Provides a broad array of free online documents to choose from. Fill them in online, before downloading the documents to your computer.
- LegalVision. Enjoy unlimited use of free legal document templates and legal advice for a monthly membership fee.
- Wonder Legal. Browse more than 140 legal document templates with Wonder Legal, and then download your chosen template for a one-time fee.
More guides on Finder
The Best Black Friday tech deals in Australia
Black Friday has landed, which means its time to get a deal on some fancy tech, from phones and headphones to laptops and cameras.
Cyber Weekend Christmas shopping deals for kids and teens: Get 60% off
Black Friday's best Christmas shopping deals for kids include Lego for 40% off, 38% off Beyblade, LEGO bargains galore and big Bluey discounts
7 steps to building your passive income
Setting a goal of making $200k per year passive income may seem all but unattainable, but investing experts Scott & Mina O'Neill say it's possible.
A-League fans! Here are 10 (more) reasons to get Paramount Plus
Come for the football, stay for the quality original TV.
Ethereum price gains 10% in a week – here’s why that could continue
In spite of the recent crash which saw nearly AU $400 billion being wiped out from the market, ETH has been able to register monthly gains of over 6%.
Crypto markets dive, but Bitcoin’s price remains resilient – here’s why that could change
Over the course of the last 14 days, Bitcoin has registered losses of over 16%.
The Best iPhone Black Friday deals in Australia: Save $300+ on an iPhone
Top Black Friday iPhone deals include 26% off the iPhone 12 Mini at The Good Guys and cut-price refurbished models at Amazon and eBay.
Black Friday TV deals in Australia: Up to $3,000 off smart TVs
The best Black Friday 2021 discounts include over $1,000 off 75-inch and 85-inch smart TVs from Samsung and Hisense.
50 best Black Friday deals: Tech, games, beauty, fashion and more
We've handpicked the 50 best Black Friday deals available in Australia right now, including tech favourites, games, toys, beauty, homewares and more.
eBay Australia’s best Black Friday 2021 deals with up to 75% off
We've handpicked the 50 best Black Friday deals available from eBay right now, including tech, games, home appliances and more.
Ask an Expert