CHAPTER 4: MORAL RIGHTS

- Moral right vest and remain in author of the work even if the copyright is assigned or licensed
to another party.

- S25: Where copyright subsists in a work, no person may, without the consent of the author, or
after the author’s or his representative’s death, do or authorise any of the two acts
- S25(2)(a): presentation of the work, by any means whatsoever, without identifying the
author or under a name other than that of the author.
 S25(1): ‘name’ include initials or monograms
 also known as ‘right of paternity’ or ‘right to be identified’
 New Oxford Dictionary of English ‘representation’: the manner or style in which
something is given, offered, or displayed
 S3 ‘adaptation’:
Hence author has the right to be identified as the author of the work from which the
adaptation was based
 Syed Ahmad Jamal v Dato Bandar Kuala Lumpur [2011] 2 CLJ 569: the plaintiff, a
well known artist, was commissioned by UMBC Harta Sdn Bhd in 1985 to create a
sculpture to reflect Malaysian identity and UMBC Bank’s image, entitled “Lunar
Peaks’. A unique plinth was constructed at the premises which ascribed the
authorship of the Lunar Peaks and the surrounding landscape to the plaintiff. A year
later, UMBC Harta Sdn Bhd presented the sculpture and the surrounding landscape
to the defendant who subsequently carried modifications to the Lunar Peaks. During
the modification works, the unique plinth was removed with the consequence that
there was nothing to identity the plaintiff as the author of the sculpture. The court
held that the defendant’s act had infringed the moral right of the plaintiff to be
identified as the author of the work.
 Mokhtar Haji Jamaludin v Pustaka Sistem Malaysia [1986] 2 MLJ 376: plaintiff who
was a writer entered into an agreement with the defendant whereby the latter was
allowed to publish and sell the plaintiff’s works. However, the plaintiff subsequently
discovered that another writer’s name was printed on the cover of the literary works
that were published although the plaintiff’s pen name was printed on the first sheet
of the title page. The defendant stated that this was the result of a mistake make by
their freelance artist. Court held that plaintiff was entitled to breach of oral contract
as well as damages for infringement by the defendant of the plaintiff’s copyright in
the literary works.

- S25(2)(b): distortion, mutilation or modification significantly alters the work and is such
that it might reasonably be regarded as adversely affecting the author’s honour or
reputation.
• also known as ‘right of intergrity’
 What amount to distortion, mutilation or modification?
 Syed Ahmad Jamal v Dato Bandar Kuala Lumpur [2011] 2 CLJ 569: the late Datuk
Syed Jamal, a renowned artist was commissioned by UMBC Harta Sdn Bhd to
complete a sculpture named “Lunar Peaks”. Upon its completion, it was handed over
to Dewan Bandaraya Kuala Lumpur (DBKL) as a gift. DBKL subsequently without
permission removed and replaced certain elements of the sculpture. The question
that arose was whether the modification of Lunar Peaks amounted to a breach of
 the integrity right. From the facts of the case, it would appear that it was conceded
that there was significant alteration. From the judgement, it was clear that
consideration was given as to how Datuk Syed Jamal viewed the changes to his
sculpture and his opinion on how such changes reflects on the sculpture and his
honour or reputation. However, the court also considered other expert witnesses
and their assessment on the changes and how it adversely affected Datuk Syed
Jamal’s honour and reputation. As such, it is clear that an element of objectivity is
present in determining if the alleged breach can be reasonably regarded as adversely
affecting the honour and reputation.

DBKL argued that as a matter of policy, it should not be held liable for the alteration
as it was under an obligation to maintain public places under a separate legislation.
This was not accepted. The court stated that the need to comply with a statutory
duty (maintenance of public places) does not exonerate one from compliance with
other statutory duties (in not breaching integrity rights).


- Infringement of moral rights unless obtained author’s consent or authorized by legal

representative.

- S25(3):
- allows assignee or licensee to make limited modification.
- But the modification is limited in nature. Modification cannot be in contravention to
S25(2)

- S25(5):
- Any contravention of moral right is actionable as breach of statutory duty by the author of
the work of his personal representative