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.
The New Mexico Waiver of Moral Rights refers to a legal concept that deals with an individual's relinquishment of certain rights typically associated with their creative works. Moral rights protect the integrity and attribution of an artist's work. In New Mexico, this waiver allows artists or creators to voluntarily forfeit these rights. The New Mexico Waiver of Moral Rights is primarily used within the realm of intellectual property law to clarify the ownership of artistic works created within the state. The waiver ensures that artists understand and agree on the relinquishment of their moral rights, granting greater freedom to use, modify, reproduce, or display their creations without infringing upon the artist's rights to attribution or integrity. Keywords: New Mexico, Waiver of Moral Rights, artists, creators, intellectual property, artistic works, ownership, integrity, attribution, freedom, use, modify, reproduce, display. Different types of waivers that fall under the New Mexico Waiver of Moral Rights may include: 1. Broad Waiver: This type of waiver encompasses a complete relinquishment of moral rights by the artist. It permits unrestricted use, modification, reproduction, or display of the artistic work without any obligations of attribution or maintaining its integrity. 2. Limited Waiver: This type of waiver allows for specific limitations to be set by the artist in terms of the scope or purpose of use, modification, reproduction, or display of their work. They may retain certain rights pertaining to attribution or the preservation of the work's integrity. 3. Partial Waiver: This waiver grants the artist the flexibility to relinquish only certain moral rights associated with their creative work. It may involve the waiver of either attribution rights or integrity rights, while retaining the other. 4. Time-limited Waiver: In some cases, artists may choose to waive their moral rights for a specific duration or until a particular event occurs. This type of waiver allows for temporary suspension of moral rights, after which the rights may be restored. 5. Specific Work Waiver: New Mexico artists may choose to waive their moral rights only for a particular piece of work. This type of waiver ensures that artists retain their moral rights for all other creative outputs. 6. General Waiver: A general waiver applies to all works created by the artist during a specified period. It provides a broad relinquishment of moral rights for multiple artistic works. It is essential to note that the specifics of the New Mexico Waiver of Moral Rights can depend on individual agreements between artists and those seeking to use their creations. Furthermore, it is crucial for artists to seek legal counsel to understand the implications and provisions of any waiver they may consider signing, ensuring their rights and interests are protected while allowing for the necessary use and promotion of their work.
