Moral rights of the author: assessment of damages caused by its violation

Abstract

Of the issues that shape the Intellectual Property we see moral rights as a structural part of copyrights, with the aim of granting them a special scope in order to appreciate its fair value, given the apathy that still looms against them.

Comparing the moral aspect of copyrights with the patrimonial issues, the latter has real and material characteristics. However, they are comprised by the immateriality that provides the integrity of the work and the personality of the authors. It is evident that even though moral rights are recognized in judicial verdicts, when deciding the amount of compensation, judges may grant pyrrhic sums that do not fully repair the damage caused by violations of these rights or on the contrary, they may exceed disproportionately. This occurs despite the parameters established in legislation concerning the assessment of damages and compensation for the detriment caused to the intellectual work and the personality of the author. The violation of moral rights results in suffering, which is very subjective and hinders fair compensation.