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.
A Pennsylvania Waiver of Moral Rights is a legal document used in Pennsylvania to waive an artist's moral rights related to their work. "Pennsylvania," "waiver of moral rights," and "artist's rights" are relevant keywords in this context. Moral rights are an integral part of copyright law and allow artists to claim authorship of their work and preserve the integrity and reputation of their creations. However, a waiver of moral rights allows artists to relinquish these rights voluntarily, usually to allow others to modify or make changes to their work without their consent. In Pennsylvania, there are different types of waivers of moral rights depending on the specific circumstances and intentions of the artist. Some common types include: 1. General Waiver: This type of waiver generally releases all moral rights associated with the artist's work, allowing others to modify, reproduce, or distribute the work as they see fit without any input or control from the artist. 2. Partial Waiver: A partial waiver of moral rights gives the artist the ability to retain some control over certain aspects of their work while waiving others. For example, an artist may allow modifications to the physical form of their artwork but want to preserve the right to be recognized as the original creator. 3. Limited Waiver: This waiver is often used in specific situations where the artist wants to grant limited rights to specific individuals or entities. It allows for flexibility in determining the extent to which moral rights are waived, usually with restrictions as agreed upon by both parties involved. 4. Time-limited Waiver: Artists may choose to waive their moral rights for a specified period, after which the rights revert to the artist. This type of waiver allows for temporary modification or use of the work without permanently surrendering moral rights. It is important to note that the specific terms, conditions, and limitations of a Pennsylvania Waiver of Moral Rights can vary depending on the agreement between the artist and the individual or entity they are granting the waiver to. It is advisable for artists to seek legal advice or consult an attorney to ensure the waiver aligns with their intentions and protects their best interests.
