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.
North Carolina Waiver of Moral Rights refers to a legal document used in the state of North Carolina that allows creators or authors to waive their moral rights to a work. Moral rights are inherent rights granted to creators that enable them to claim authorship and protect the integrity of their work. This waiver is a voluntary relinquishment of these rights by the creator. The purpose of the North Carolina Waiver of Moral Rights is to provide legal protection and flexibility to both creators and those who wish to use or modify their works. By signing this waiver, the creator gives up certain moral rights such as the rights of attribution, integrity, and the right to prevent derogatory treatment. The North Carolina Waiver of Moral Rights allows creators to exercise their freedom of choice regarding the use and modification of their works. It is particularly relevant in situations where creators want to grant permission for adaptations, translations, or alterations of their works without their explicit consent for each specific usage. Different types of North Carolina Waiver of Moral Rights include: 1. General Waiver: This type of waiver relinquishes all moral rights associated with the work in question. It provides the widest range of permissions and allows complete freedom for the work to be used, modified, or distributed without any attribution or limitations. 2. Partial Waiver: Unlike the general waiver, a partial waiver is more specific in nature. It allows the creator to retain some moral rights while waiving others. For example, a creator may choose to waive the right of attribution but retain the right to protect the integrity of their work. 3. Limited Term Waiver: This type of waiver defines a specific period during which the moral rights are waived. After the designated period expires, the creator's moral rights are automatically reinstated. Limited term waivers are useful when creators wish to provide temporary permissions for their works while maintaining control in the long run. The North Carolina Waiver of Moral Rights is designed to strike a balance between protecting the interests of creators and facilitating the use and dissemination of their works. It offers flexibility, allowing creators to decide the extent to which they want to waive their moral rights and ensuring that all parties involved have a clear understanding of the rights involved.
