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.
Hawaii Waiver of Moral Rights is a legal provision that allows individuals to relinquish their moral rights over their creative works in the state of Hawaii. Moral rights refer to the non-economic rights of artists and authors to protect the integrity and originality of their creations, even after transferring the intellectual property rights. By explicitly waiving these rights, individuals give up their power to prevent changes, modifications, or interpretations of their work that may be perceived as degrading or detrimental to their reputation as artists. There are different types of Hawaii Waiver of Moral Rights that can be implemented, each serving different purposes and contexts: 1. General Waiver of Moral Rights: This type of waiver provides a broad and all-encompassing release of moral rights over the creative works. It effectively allows the work to be altered, reproduced, or displayed without the artist's further consent or involvement. 2. Specific Waiver of Moral Rights: Unlike the general waiver, a specific waiver targets certain aspects of the moral rights, giving the artist more control over how their work is modified or presented. This could involve limiting the use of their work to only certain contexts or ensuring that it is not changed in specific ways. 3. Partial Waiver of Moral Rights: In some cases, artists may be willing to relinquish only a portion of their moral rights, while retaining certain aspects of control over their work. This type of waiver allows for negotiated terms and provides a compromise between full ownership and complete abandonment of moral rights. 4. Temporary Waiver of Moral Rights: Sometimes, artists may choose to temporarily waive their moral rights for a specific duration or purpose. This allows for a limited timeframe during which the work can be used, altered, or displayed without infringing upon the artist's moral rights. After the agreed-upon period, the moral rights revert to the artist. It is essential to consult with legal professionals and understand the implications of a Hawaii Waiver of Moral Rights before engaging in such agreements. The specific terms, conditions, and limitations of the waiver should be carefully considered protecting both the artist's rights and the intended use of the creative work.
