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.
Wisconsin Waiver of Moral Rights is a legal concept that refers to the relinquishment of an individual's moral rights over their intellectual property in the state of Wisconsin, United States. Moral rights grant creators certain non-economic rights, such as the right to integrity and attribution, which ensure that their work is respected and credited appropriately. Keyword: Moral Rights Under Wisconsin law, individuals have the right to waive their moral rights, allowing for greater flexibility in how their intellectual property is used and altered. This waiver is a legal agreement between the creator and the user or licensee of the intellectual property, specifying the permission granted to modify, reproduce, or distribute the work without violating the creator's moral rights. Keywords: Waiver, Creator, Intellectual Property There are different types of Wisconsin Waiver of Moral Rights, each serving different purposes and encompassing various scenarios: 1. Express Waiver: This is a voluntary and explicit waiver where the creator explicitly gives up their moral rights in writing. It is a clear indication that the creator does not wish to exercise moral rights and is often included as a clause in licensing agreements or contracts. 2. Implied Waiver: This type of waiver occurs when the creator's actions indicate their intention to surrender their moral rights, even without a written agreement explicitly stating so. For example, if the creator sells their artwork without preserving their right to attribution, their actions may be considered an implied waiver. 3. Limited Waiver: In certain cases, creators may choose to waive only specific moral rights while retaining others. A limited waiver could grant permission for some alterations or uses of the work while preserving the right to be credited as the original creator. This allows for a more customized approach and balances the interests of both creators and users. Keywords: Express Waiver, Implied Waiver, Limited Waiver In summary, the Wisconsin Waiver of Moral Rights is a legal mechanism that allows creators to surrender their moral rights over their intellectual property. This may be done through an express waiver, an implied waiver, or a limited waiver, depending on the specific circumstances and the preferences of the creator. By waiving their moral rights, creators enable greater flexibility in the use and modification of their intellectual property.
