What is the 'moral right' defence under s85 of the Copyright, Designs and Patents Act 1988?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

The 'moral right' defense under section 85 of the Copyright, Designs and Patents Act 1988 focuses on the protection of the personal rights of creators regarding their works. This includes the right of attribution and the right to object to derogatory treatment of their work. Specifically, one key aspect is that it allows individuals who commission photographs or films, often referred to as "commissioners," to take legal action if their work is altered, misused, or used in a way that is not consistent with the original intention or context.

This right acknowledges the personal and reputational interests of the creators and commissioners involved, allowing them a degree of control over how their work is presented and used. In contrast to the other options, which misrepresent the scope or application of 'moral rights', the correct choice emphasizes the ability of commissioners to protect their interests in relation to the works they have commissioned.

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