Moral Rights With Case Laws

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Multi-State
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US-01009DR
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Word; 
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Description

The owner of a copyright has the right to exclude any other person from reproducing, preparing derivative works, distributing, performing, displaying, or using the work covered by copyright for a specific period of time. Copyrighted work can be a literary work, musical work, dramatic work, pantomime, choreographic work, pictorial work, graphic work, sculptural work, motion picture, audiovisual work, sound recording, architectural work, mask works fixed in semiconductor chip products, or a computer program. Only a concrete "medium of expression" can be copyrighted, facts, ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries cannot themselves be copyrighted. Items to be copyrighted must be original and not the result of copying another copyrighted property.


Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work. Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or under a pseudonym, and the right to the integrity of the work. The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her rights to a work to a third party, he or she still maintains the moral rights to the work, unless waived.

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FAQ

A waiver of moral rights is a document that relinquishes an artist's control over how their work is used. This means that an artist can no longer control how their work is displayed or distributed, and they will not receive any royalties for its use.

Moral rights require that your name is always shown with your work. This is called right of attribution. For example: your name should always appear next to your artwork in an exhibition.

Moral rights are defined under the Copyright Act as a right: of attribution of authorship; not to have authorship falsely attributed; or. of the integrity of authorship.

The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.

In Europe and elsewhere, moral rights are more broadly protected by ordinary copyright law. In the United States, the term "moral rights" typically refers to the right of an author to prevent revision, alteration, or distortion of her work, regardless of who owns the work.

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Moral Rights With Case Laws