Thanks to its creative content, a work as defined by copyright law is always an expression of the personality of the author and is therefore also covered by the author's right of personality (Art. 27 et seq. SCC). This is why copyright law acknowledges the moral right of the author. This moral right protects authors’ personal relationship to their work.
The moral right cannot be separated from the author, as it is only through the creative input of the author that a unique creative work is produced.
This inseparability is precisely why the author's moral right cannot be assigned to a third party.
The following essential rights are derived from the moral right of the author:
- Right to the integrity of the work: authors in particular have the exclusive right to decide whether, when and how the work may be altered. With regard to the integrity of the work, the principle of non-assignability only applies with restriction, such as when the distortion of the work infringes the author’s personality (Art. 11 para. 2 CopA).