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.
Rhode Island Waiver of Moral Rights is a legal provision that allows individuals to voluntarily relinquish or waive their moral rights to their creative works within the state of Rhode Island, United States. Moral rights refer to the non-economic rights granted to creators, which generally include rights to attribution, integrity, and protection against mutilation, distortion, or derogatory treatment of their works. By signing a waiver of moral rights in Rhode Island, creators surrender their entitlement to these specific rights, granting others the freedom to modify, alter, or repurpose their works without seeking permission or providing attribution. The purpose of such waivers is often to facilitate commercialization, adaptation, or collaborative projects involving creative works. These waivers are particularly common in the fields of visual art, literature, music, and film. There are two main types of Rhode Island Waiver of Moral Rights: explicit waivers and implied waivers. 1. Explicit Waiver: An explicit waiver of moral rights occurs when a creator formally and explicitly states their intent to relinquish their moral rights. This can be done through a written agreement, contract, or license, where the creator expressly consents to the waiver and provides their signature. Such waivers are legally binding and enforceable, enabling others to exercise their moral rights without facing legal consequences. 2. Implied Waiver: An implied waiver of moral rights is a more nuanced form of waiver that occurs when a creator's actions or behavior suggest a lack of interest or intent to enforce their moral rights. It might occur when creators fail to assert their rights in situations where one would typically expect them to. For example, if a creator repeatedly allows the public display or modification of their work without objection, it may be deemed an implied waiver of their moral rights. Implied waivers can be more subjective and challenging to enforce compared to explicit waivers, and courts often need to evaluate the circumstances and intent behind the creator's actions. It is essential to note that while Rhode Island recognizes the concept of waivers of moral rights, not all jurisdictions have similar legal provisions. The specifics and enforceability of these waivers may vary from state to state or from country to country. Therefore, it is crucial for creators and users of creative works to understand the legal framework and consult with legal professionals to ensure compliance with relevant laws and regulations.
