Is the right to publish a work a moral right or a property right?

According to the provisions of Article 18 Intellectual Property Law 2005 Copyright for the work includes moral rights and property rights.

To determine whether the right to publish a work is a personal right or a property right, it is based on the provisions of Article 19 Intellectual Property Law 2005, as amended by clause 5 of Article 1 Amended Intellectual Property Law 2022 as follows:

Personal rights

Personal rights include:

1. Name the work.

The author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of property rights specified in Clause 1, Article 20 of this Law;

2. Put your real name or pseudonym on the work; be given your real name or pseudonym when the work is published or used;

3. Publish the work or allow others to publish the work;

4. Protect the integrity of the work to prevent others from distorting it; Do not allow others to modify or mutilate the work in any form that harms the author's honor and reputation.

According to the above regulations, the right to publish a work or allow others to publish the work is considered one of the moral rights of the author.

Can the author transfer the right to publish the work?

The author's right to publish the work is not transferred according to the provisions of Article 45 Intellectual Property Law 2005 as follows:

General regulations on transfer of copyright and related rights

1. Transfer of copyright and related rights is the transfer of ownership of the rights specified in Clause 3, Article 19, Article 20, and Clause 3, Article 29 by the copyright owner or related rights owner. , Article 30 and Article 31 of this Law to other organizations and individuals under contract or according to relevant laws.

2. The author may not transfer the moral rights specified in Article 19, except the right to publish the work; Performers may not transfer personal rights specified in Clause 2, Article 29 of this Law.

3. In case a work, performance, audio recording, video recording, or broadcast program has co-owners, the transfer must be with the agreement of all co-owners; In cases where there are co-owners but the work, performance, audio recording, video recording, or broadcast program has separate parts that can be separated for independent use, the copyright owner, the owner Related rights holders have the right to transfer copyright and related rights for their separate parts to other organizations or individuals.

According to the above regulations, the author is not allowed to transfer personal rights, except the right to publish the work.

Therefore, although the right to publish a work is a moral right, the author can still transfer this right to another subject.

In case the work has co-owners, the transfer must be with the agreement of all co-owners.