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.
Puerto Rico Waiver of Moral Rights is a legal document designed to relinquish or waive certain rights that artists or creators have over their work. It is important to note that while moral rights are recognized and protected in many countries, including Puerto Rico, the specifics of the waiver may vary. Moral rights typically include the following elements: 1. Right of Attribution: This grants the creator the right to be recognized as the author of their work. They have the right to be identified and credited for their creative contributions. 2. Right of Integrity: This ensures that the creator's work is not distorted, altered, or modified in a way that could damage their reputation or harm the integrity of the original piece. 3. Right of Withdrawal: Creators have the right to withdraw their work from public view if it no longer aligns with their artistic or personal values. The Puerto Rico Waiver of Moral Rights is a legal instrument that allows artists to voluntarily relinquish some or all of these rights, providing them with greater flexibility and control over their creative works. This waiver is particularly relevant in realms such as visual arts, literature, music, and film, where the creators may choose to transfer their moral rights to another party, such as a gallery, publisher, or production company. Different types of Puerto Rico Waiver of Moral Rights could include: 1. Full Waiver: This type of waiver relinquishes all moral rights associated with the work, granting the new owner complete control over its future use, modification, and attribution. Artists may opt for this when they fully trust the party they are transferring their rights to. 2. Limited Waiver: In this case, the creator may choose to waive specific parts of their moral rights while retaining others. For example, they could grant permission for modifications or adaptations but still insist on being credited as the original author. 3. Time-bound Waiver: Artists might choose to temporarily waive their moral rights for a specific period, after which the rights revert to the creator. This allows them to have control over their work in the long term while accommodating specific contracts or agreements for a limited timeframe. By using the Puerto Rico Waiver of Moral Rights, artists and creators can customize their level of involvement and ensure that their work is used and attributed in ways that align with their preferences. It is essential for creators to seek legal advice to understand the implications of such waivers and make informed decisions about the extent of rights they wish to waive.
