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.
Indiana Waiver of Moral Rights refers to a legal provision that allows an individual to waive or relinquish their moral rights as an artist or author in the state of Indiana. "Waiving moral rights" means that the individual renounces their right to be attributed as the creator of their work and to object to any modifications or alterations made to their work that may distort or harm their reputation. In Indiana, the Waiver of Moral Rights is particularly important in the realm of creative works such as paintings, sculptures, literary works, and musical compositions. This waiver grants the right to modify or adapt the work without seeking the author's permission or providing appropriate attribution. It is important to note that moral rights are distinct from copyright, as they primarily focus on non-economic rights associated with the author's reputation and integrity of their work. Different types or aspects of the Indiana Waiver of Moral Rights include: 1. Attribution Waiver: This waiver specifically relates to the right of an artist or author to be identified or recognized as the creator of their work. By waiving this right, the author allows others to use their work without giving any credit or attribution. 2. Modification Waiver: This type of waiver enables individuals to modify or alter the original work without obtaining the author's consent. It provides the freedom to edit, adapt, or transform the work to suit their needs. 3. Integrity Waiver: The integrity waiver refers to the right an artist or author has to object to any modifications or changes made to their work that may harm their reputation or distort the original intent of the creation. By waiving this right, the author allows others to make changes freely, even if they negatively influence the perception of the work. The Indiana Waiver of Moral Rights is usually governed by legal agreements or contracts between artists/authors and individuals or organizations seeking to use their work. It is crucial for creators to understand the implications and consequences of waiving their moral rights before entering into such agreements. By waiving their moral rights, artists or authors relinquish substantial control over their work, potentially sacrificing recognition and protection in favor of granting others the freedom to modify, adapt, or use their creations without limitation.
