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.
Oklahoma Waiver of Moral Rights is a legal concept that refers to the relinquishment of certain moral rights by creators, specifically in the field of intellectual property. This waiver permits individuals to transfer or modify their works without the creator's consent and protects the interests of individuals seeking to exploit or make changes to the original work. It is important to note that moral rights are distinct from copyright protection, as they deal more with the creator's personal reputation, integrity, and the perception of their work. In Oklahoma, the waiver of moral rights can encompass various artistic disciplines such as visual arts, literature, music, film, or any other creative endeavor that falls under intellectual property rights. Different types of waivers include: 1. Visual Arts Waiver: This waiver specifically applies to creators in the field of visual arts, including painters, sculptors, graphic artists, and photographers. It allows for modifications, reproductions, or public displays of their work without infringing on their moral rights. 2. Literary Works Waiver: This type of waiver pertains to authors, poets, playwrights, and other literary creators, granting the ability to alter, reproduce, or publish their work without prior consent, as per the Oklahoma Waiver of Moral Rights. 3. Film and Audiovisual Waiver: The film and audiovisual waiver enables filmmakers, directors, producers, actors, and screenwriters to permit adaptations, edits, screenings, or commercialization of their work without violating their moral rights. 4. Music Industry Waiver: Musicians, composers, and songwriters can waive their moral rights regarding their musical compositions or performances, allowing for changes, releases, or public performances without seeking explicit permission. These waivers ensure that creators' rights remain balanced with the interests of those who wish to utilize their work in various ways, while still providing a level of protection. However, it is crucial for all parties involved to carefully consider the implications and potential consequences of waiving moral rights before entering into any agreements or contracts.
