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Waiver of Moral Rights in Visual Artworks (3180 words) |
 | After hearing testimony from artists' representatives, commercial users and other interested parties, Congress determined that the artists' rights should not be absolute, but that they should be tempered by commercial realities, provided that provisions were enacted to insulate authors from being unduly influenced to give away their new-found rights. |
| Moral rights are also protected indirectly by state tort, privacy and publicity laws; by the federal protection of the Lanham Act; and by the Copyright Act's protection of an author's exclusive rights in his or her derivative works, and limits on a mechanical licensee's rights to arrange an author's musical composition. |
| With respect to the VARA requirement that the use of the work for which rights are waived be specifically identified, Nimmer suggests simply that the work's use is as a work of visual art, and the waiver would apply to all applications in which either the attribution right or the integrity right may be implicated. |
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Moral rights - Wikipedia, the free encyclopedia (768 words) |
| Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. |
| Moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work (i.e., it cannot be distorted or otherwise mutilated). |
| Moral rights are distinct from any economic rights tied to copyright, thus even if an artist has assigned their rights to a work to a third party they still maintain the moral rights to the work. |
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