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.
Utah Waiver of Moral Rights is a legal concept that refers to the relinquishment or abandonment of certain moral rights by the creator of a work of art or intellectual property in the state of Utah. Moral rights generally include the right to be recognized as the author or creator of a work, the right to prevent others from falsely attributing or mutilating the work, and the right to preserve the integrity of the work. In Utah, the Waiver of Moral Rights allows creators to waive or give up these rights voluntarily, either in part or entirely. This waiver is often done through a written agreement or contract between the creator of a work and another party who wishes to use, modify, or reproduce that work. The waiver ensures that the creator's moral rights will not interfere with the exploitation, modification, or commercial use of the work. There are different types of Utah Waiver of Moral Rights that creators can utilize based on their specific needs and intentions: 1. Partial Waiver: This type of waiver allows the creator to retain certain moral rights while waiving others. For example, the creator may keep the right to be recognized as the author but waive the right to prevent modifications or adaptations of the work. 2. Complete Waiver: In this case, the creator completely relinquishes all moral rights associated with their work. This means that the creator no longer has any control over how the work is used, modified, or attributed. 3. Temporary Waiver: This type of waiver allows the creator to temporarily waive their moral rights for a specific duration or under particular circumstances. Once the agreed-upon period or situation ends, the creator's moral rights are reinstated. 4. Permanent Waiver: A permanent waiver is a complete and irreversible abandonment of the creator's moral rights. This means that the creator can never reclaim or enforce these rights, even in the future. Utah's Waiver of Moral Rights ensures a balance between the creator's moral rights and the interests of those seeking to use, modify, or distribute the creator's work. It provides flexibility for creators to negotiate the extent to which they want to protect their moral rights and paves the way for various collaborations, adaptations, and commercial opportunities without hindrance.
