Waiver of Moral Rights

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Multi-State
Control #:
US-01009DR
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Word; 
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Description

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.

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FAQ

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.Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.

A specimen form of waiver by which the author of a copyright literary, dramatic, musical or artistic work, or the director of a copyright film, waives their rights to be identified as the author or director of the work in question and/or their right to object to derogatory treatment of the work.

In Australia, there is no need to "assert" your moral rights.The Copyright Act does not specifically allow for the "waiver" of moral rights. However, it does contemplate that artists can consent in writing to the future infringement of their moral rights.

Be careful not to waive your moral rights Unlike copyright, it is not possible to 'assign' or sell your moral rights.You should look out for any clause that mentions waiving moral rights.

Can moral rights be transferred or waived?It is not legally possible to waiver moral rights nor is it possible to include a clause in the agreement stating that the publisher will not sue or take any action against the author (as it will be hit by certain sections of the Indian Contract Act).

The Delhi High Court's verdict in Amar Nath Sehgal v Union of India (1987) is perhaps the most prominent judgment to deal with the issue of an author exercising their moral rights after assigning copyright.These rights cannot be negated or waived by the terms of a contract for assignment.

The right to life. The right to liberty. The right to pursue happiness. The right to a jury trial. The right to a lawyer. The right to freely practice a religion of choice. The right to express ideas or opinions with freedom as an individual.

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Waiver of Moral Rights