Moral Rights: What Indie Filmmakers Need to Know

By:  Murray A. Roth, Jr., Esq.                                                                                                       5/8/25

What are Moral Rights?

In general, moral rights to works of art pertain to protecting an artist’s personal connection to their creations. These rights go beyond money — they are about artistic integrity and being recognized for the artist’s work. In countries such as France and Germany for example, these rights are deeply embedded in the law. If you are a director/filmmaker there, you usually (by law) have the right to:

1. Be credited as the creator.

2. Prevent others from changing your work in a way that hurts your reputation.

3. Decide when and how your work is made public.

4. Even pull your work from circulation if you feel it no longer reflects your values.

These rights are personal. You can’t sell them or give them away like regular copyright rights. They stick with you, the artist.

Why this matters to Filmmakers

In Europe and other parts of the world, directors/filmmakers are legally protected if someone tries to change their film without permission. But in the U.S., filmmakers don’t have these same protections. Here in America, U.S. copyright law mainly protects the money side of things — who owns the film and who can profit from it. The U.S. did pass a law in 1990 called the Visual Artists Rights Act (VARA) that recognizes moral rights, but it only covers things such as paintings, drawings, sculptures, etc. — not motion pictures.

Why don’t Directors/Filmmakers have Moral Rights in the U.S.?

When the U.S. debated giving legal moral rights to directors of films, the big studios pushed back hard. Their argument? Movies are business products, and in their opinion, letting directors/filmmakers have the final say would make it harder to market and sell the films that they funded and/or purchased. So, when VARA was passed, filmmakers were left out. That means, generally, big studios and indie film distributors in the U.S. have the legal power to re-cut, re-package, or re-release a film however they want — even if the director/filmmaker disagrees.

Workarounds that Directors/Filmmakers use in the U.S.

Because American law doesn’t always back them up, directors/filmmakers in the U.S. often use other legal methods to protect their work:

-Contracts: The most common way that directors/filmmakers attempt to protect the integrity of their films is to include terms in distribution contracts that prevent unwanted changes – or at least require their approval or "meaningful consultation" (whatever that vague term might mean). But this is not an easy thing to do. Once studios and/or indie distributors acquire the rights to a film, they want free access to do whatever they want in order to maximize sales. Understandable? Maybe so. Maybe not. Could be a deal breaker for either party. But definitely an important issue.

-Trademark Law: There's been a few court cases where its been held that changing a film to such an extent that it misleads the audience about who made it could be a type of false advertising. This is a much more difficult protection method (and is limited in its scope), but can be accomplished in certain circumstances.

-Litigation based upon Torts (personal harm lawsuits): Some directors/filmmakers have successfully sued via lawsuits where they felt that their reputation was harmed by an altered version of their film. One famous case involved the Monty Python series that sued a U.S. broadcaster for butchering their sketches. The court sided with them — not because of moral rights, but because the edits were misleading under trademark law. Other famous cases have involved companies selling “cleaned up” versions of popular movies (removing swearing, sex scenes, etc.). Courts have often held that such violated the original filmmaker's copyright because they didn’t authorize the changes.

So… Should the U.S. give Filmmakers Moral Rights?

That’s the big question. Here’s the debate in a nutshell:

Big studios and indie film distributors argue that they need freedom to change films to reach wider audiences and/or adapt to different markets. They see each film as a product that they have invested time, effort, and marketing money in, and they want to exploit films financially for the benefit of all.

Directors/filmmakers believe a film is a work of art, and that they should have a say (or even control) in how it’s shown to the world.

If you’re an indie filmmaker, understanding this topic is important — especially if you are planning to distribute your film internationally or enter into deals with larger studios/distributors where your film is outright sold/assigned in its entirety. Knowing your rights and what protections you may or may not have can help you make smarter decisions about how you share and protect the passionate artwork that you (and many others) spent so much time and money to create.

Of course, this is just an overview of this topic and much more information can be found online. But it’s always important to be informed, especially in the business of producing films. It’s never fun to learn things the "hard way." Happy filmmaking!, and always pursue your passion! :)

This article is provided for educational purposes only and should not be construed as legal advice. Before taking any action regarding this topic or any other film industry issue, always consult an experienced entertainment attorney who can advise on your specific facts, films, and needs.