The Digital Media Project

Source

Philip Merrill

Title

TRU #23 Right not to be miscredited as the author (misattribution)

No.

040323merrill04

 

Name:

Philip Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/03/23

 

#

Criteria

Description

1.

Name of TRU

Right not to be miscredited as the author (misattribution)

2.

Summary description of TRU

Defined narrowly for DMP process as the right to assert non-authorship of media for which one is given as the source, in other words the right to demonstrate that one's name should be removed from the credit for a work that one did not create. The term is used elsewhere as closely related to TRU to be recognized as the author (paternity).

3.

Use records of TRU

The narrow case described here for specification-development purposes is a corollary to the larger right of paternity (also known as attribution) having to do with a person's right to assert "Hey, I didn't say that." In other words, a non-creator of a cited work attributed to this individual is entitled to deny authorship and beyond that demonstrate non-authorship and have the mistaken attribution corrected by having their name removed.

4.

Nature of TRU

Legally supported. See also 59. TRU moral rights, with respect to the nature of moral rights generally. More specifically, see 22. TRU to be recognized as the author (paternity), of which this TRU is considered a specific, somewhat-narrow instance. Note that the distinction between attribution (11) and misattribution (23) is a feature of U.S. copyright law for visual artists at 17 U.S.C. 106A(a)(1) (A) & (B).

5.

Benefits of TRU

Benefits Right-holders and End-users. Constrains other would-be Rright-holders and Middle-men.

6.

Possible digital support

The absolutist nature of moral rights lends itself to an information technology approach being as it embodies easily distinguished factual information that can be stored and provided readily through both a server system and databases protected by some sort of trusted digital repository (TDR, ref. RLG/OCLC report).

7.

Requirements

DMP shall support the right not to be miscredited as the author (misattribution)

8.

References