Copyright, the moral right of integrity, and marijuana

Justin Koo

Chapter 4 in Intellectual Property and Cannabis, 2025, pp 81-95 from Edward Elgar Publishing

Abstract: Copyright law's interaction with marijuana is limited to depictions of marijuana in artistic works and references to marijuana in literary, musical, and dramatic works. However, there is an open question whether copyright works can be used in relation to marijuana without the permission of the author given the absence of any case law on the issue. Due to the continued controversial nature of marijuana consumption, notwithstanding increasing legal tolerance, the association of a work with marijuana may lead to negative consequences for the author such as being dropped by sponsors, “cancelled” by fans, and being deemed morally reprehensible as a marijuana sympathiser. Therefore, this chapter assesses whether the use or association of a copyright work with marijuana will be deemed legally “derogatory” and “prejudicial to the honour or reputation of the author”, giving rise to potential infringement of the moral right of integrity.

Keywords: Copyright; Droit d’auteur; Moral rights; Integrity right; Marijuana (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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