Autora personisko tiesību pārejas problēmjautājumi Latvijā

According to the Copyright Law, an author’s moral rights are non-transferable during their lifetime. After the author’s death, only the right to disclose the work passes to the heirs. The remaining moral rights do not pass to the heirs – they can only protect these rights but not enforce them (for example, heirs cannot revoke a work that was disclosed during the author’s lifetime, though they can take action if the author’s moral rights are infringed). The legislator has deliberately limited the transferability of these rights by giving heirs solely the right to protect their moral rights, without conferring full powers to exercise them. Consequently, the heirs’ rights concerning the author’s non-transferable moral rights is restricted to their protection, not their active exercise.

Publication Details

Published
2025-01-01
DOI
https://doi.org/10.22364/juzk.83.19
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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Autora personisko tiesību pārejas problēmjautājumi Latvijā

Legal Studies and Reforms
article

Autora personisko tiesību pārejas problēmjautājumi Latvijā

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Abstract

According to the Copyright Law, an author’s moral rights are non-transferable during their lifetime. After the author’s death, only the right to disclose the work passes to the heirs. The remaining moral rights do not pass to the heirs – they can only protect these rights but not enforce them (for example, heirs cannot revoke a work that was disclosed during the author’s lifetime, though they can take action if the author’s moral rights are infringed). The legislator has deliberately limited the transferability of these rights by giving heirs solely the right to protect their moral rights, without conferring full powers to exercise them. Consequently, the heirs’ rights concerning the author’s non-transferable moral rights is restricted to their protection, not their active exercise.

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Legal Studies and Reforms
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Autora personisko tiesību pārejas problēmjautājumi Latvijā · (2025) | TGRS Research Map | TGRS