The Chamber supports amendments that more clearly distinguish an author’s moral and economic rights

The Chamber sent the Ministry of Justice and Digital Affairs its opinion on the draft act amending the Copyright Act. The Chamber supports the planned amendments, which aim to give authors greater flexibility in exercising their rights and to make the distinction between an author’s moral and economic rights clearer.

More decision-making freedom for the author

The Chamber supports the amendment under which an author may, in a form reproducible in writing, give consent for the limited exercise of their moral rights. In the Chamber’s view, this is an important step that does not impose obligations on the author, but rather gives them the opportunity to decide for themselves whether—and to what extent—they grant such consent. This increases legal certainty and helps prevent disputes over the author’s moral rights when a work is used.

The current law does not regulate giving consent for the exercise of moral rights, which has so far created legal uncertainty in practice.

Clearer distinction between the boundaries of moral and economic rights

The Chamber also supports amendments that streamline the catalogue of moral rights in the Copyright Act. Under the planned amendment, the list of moral rights in the Copyright Act will be revised by moving the right to modify a work, the right to additions to a work, and the right to supplement a work under the catalogue of economic rights.

Under current law, the exclusive rights to modify a work are listed in the catalogue of the author’s moral rights, while the catalogue of economic rights also includes the right to adapt a work, which overlaps to a large extent with the moral right to modify a work. As a result, “modification” (a moral right) and “adaptation” (an economic right) are difficult to distinguish in practice.

In the Chamber’s view, consolidating these rights under economic rights will eliminate legal uncertainty and make contract negotiations clearer for both authors and users. In addition, in the opinion sent to the ministry we emphasized that, as a result of the amendments, the author does not lose control over the work, because the author retains decision-making power.

Unlike moral rights, economic rights are transferable, which allows the author to negotiate more flexibly over their creative work. For example, an author may transfer the right of modification for remuneration, but they may also set very precise limits in the contract as to which changes are permitted and which are not.

Among other things, the author retains the right to contest changes made to the work that distort it in a manner that harms the author’s honour and dignity.

The planned amendments will enter into force on 1 June 2026.