The United States Court of Appeals for the Ninth Circuit
recently affirmed a district court's decision in favor of
rapper Jay-Z, dismissing "moral rights" infringement
claims brought by the heir to Egyptian composer Baligh Hamdy's
copyright in a 1957 arrangement of the song Khosara 1.
This decision has created global intrigue on what "moral
rights" are and if and how they can be protected. This article
considers moral rights in Canada, and concludes that a Canadian
court might be more receptive to claims like those brought against
Jay-Z in the United States.
What are Moral Rights in Canada?
Moral rights are provided for in Canada under sections 14.1(1)
and 17.1(1) of the Copyright Act, which provides that the
author of a work or a performer of an aural performance has the
right to the integrity of the work and the right to be associated
with the work as its author. Moral rights subsist for the same term
as the copyright in the work 2, but cannot be assigned
and
