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.
The Oregon Waiver of Moral Rights refers to a legal provision that allows individuals to waive their moral rights related to their artistic creations or intellectual property in the state of Oregon, United States. Moral rights are a set of rights that protect the non-economic aspects of an author or creator's work, including the right to be recognized as the creator, the right to prevent distortion or mutilation of the work, and the right to control the integrity of the work. In Oregon, individuals have the option to voluntarily waive their moral rights through a written agreement, typically included in contracts or licensing agreements. By waiving these rights, creators essentially forfeit their ability to prevent modifications, adaptations, or alterations to their work that may be deemed as derogatory or damaging to their reputation. It's important to note that the Oregon Waiver of Moral Rights only applies in specific circumstances where the author or creator has willingly and explicitly agreed to relinquish these rights. The waiver is usually for a limited period or may be perpetual, depending on the terms specified in the agreement. Different types of Oregon Waiver of Moral Rights may include: 1. Limited Waiver: This type of waiver specifies certain limitations on how the work can be modified or used, giving the creator some control over the extent of the modifications permitted. 2. Perpetual Waiver: In this case, the waiver remains in effect indefinitely, allowing the work to be modified or adapted freely without any future recourse by the creator. This type of waiver is often seen in cases where the creator wishes to distance themselves from the work entirely. 3. Specific Work Waiver: This waiver applies to a particular work or a specific set of works, rather than encompassing all the creations by the author or creator. It grants permission for modifications or alterations to only the designated works mentioned in the agreement. 4. Time-Bound Waiver: This type of waiver is valid for a designated period, after which the moral rights automatically revert to the creator. This allows creators to grant temporary permission for modifications while retaining their moral rights in the long term. In conclusion, the Oregon Waiver of Moral Rights plays a crucial role in allowing creators to control the non-economic aspects of their work. By understanding the different types of waivers available, authors, artists, and creators can make informed decisions that align with their artistic intentions and commercial objectives.
