The Moral Right of Computer Program Authors

Abstract

     The moral right is one of the fundamental rights enjoyed by the authors of computer programs. It refers to the personal connection between the work and its author, as an extension of the author’s intellectual and creative identity. This right includes several key aspects, most notably: the right to claim authorship of the program, and the right to prevent any distortion, alteration, or modification that could affect the essence of the program or harm the author’s reputation. Despite the technical nature of computer programs, they are classified as protected works under copyright laws. Protection is not limited to financial rights, but also extends to moral rights. These rights are characterized by their perpetual nature; they are neither subject to expiration nor transferable, even if the author waives their financial rights. Modern legislation has increasingly recognized the importance of moral rights, acknowledging the need to protect creativity in the digital domain. Accordingly, many legal systems have stipulated the preservation of the moral rights of program authors, considering them the cornerstone of technological and intellectual advancement.