Description

  • What is the copyrighted material, who owns it?
  • Which moral rights are being waived?
  • Is the waiver to be irrevocable? If not, on what basis can the copyright owner revoke this waiver?
  • How far does this document extend? Does it impact on any licenses or other agreements?

Moral rights (useful note):

Moral rights are personal to the creator of a copyright work, but are not property rights and are incapable of being assigned. They are usually simply waived.
The CDPA 1988 provides that the author of literary, dramatic, musical or artistic works and films has various moral rights in relation to such works (although the rights do not apply in relation to works created by employees or computer-generated works).

The moral rights are the right:

  1. To be identified as the author or director of a copyright work (sections 77-79, CDPA 1988) – Paternity right (credits).
  2. To object to derogatory treatment of a copyright work (sections 80-83, CDPA 1988) (integrity right). (to edit, adapt and issue new editions of the work without compromise).
  3. Not to suffer false attribution of a copyright work (section 84, CDPA 1988). (The right of every person not to have a literary, dramatic, musical or artistic work falsely attributed to him as author or, in the case of a film, not to have the film falsely attributed to him as director.)
  4. To privacy in respect of certain films and photographs (section 85, CDPA 1988). (The right to maintain the privacy of photographs and films, which qualify for copyright protection, where such works are commissioned for private and domestic purposes. This right vests in the commissioner of the works. This right essentially enables those commissioning wedding or family photos to prevent an unwelcome invasion of privacy or at least to provide some legal redress if their privacy is invaded.)

It is not necessary to obtain a waiver of moral rights where the assigned works are computer programs, since computer programs and computer-generated works are not subject to paternity or integrity moral rights (sections 79(2) and 81(2), CDPA 1988).
When assigning something, it is normal for the most part to waive the moral rights but occasionally, moral rights are retained and not waived for various reasons. It will largely depend on the type of “Work” being assigned and the potential of the Assignor making future use of it as well as the intention and wishes of the contracting parties.

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