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The traditional rights of an artist to preserve his monopoly on the financial exploitation of his work, now take their place alongside newly expanded moral rights introduced by the reform of Canada's Copyright Act in 1988. Moral rights are inspired by the European doctrine that art is the extension of the creator's personality and they include the rights to divulge, to claim authorship and to maintain the integrity of artistic work.
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This study deals with the legal protection of authors' moral rights in Canada. In the first part, the article highlights the beginnings of these rights in Europe and in Canada. The second part analyses the legislative provisions which formally recognize moral rights in the Copyright Act, as well as other legal rules which indirectly protect the intellectual bound between an author and his or her work. The article concludes with an analysis of the legislative jurisdiction over moral rights and the constitutional problems created by the overlap of federal and provincial rules on this matter.
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