Waiver of moral rights
This waiver document allows the individual author of a copyright-protected work to irrevocably waive his or her moral rights in that work.
Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works sets out the special moral rights of authors, which site alongside the "economic" copyrights.
"Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."
These two rights are known as the right of paternity and the right of integrity.
In English law, these rights are implemented in Chapter IV of the Copyright, Designs and Patents Act 1988. Section 87 deals with waivers:
"(1) It is not an infringement of any of the rights conferred by this Chapter to do any act to which the person entitled to the right has consented.
(2) Any of those rights may be waived by instrument in writing signed by the person giving up the right.
(3) A waiver - (a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works, and (b) may be conditional or unconditional and may be expressed to be subject to revocation; and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed."
This template waiver of moral rights can be used to waive both the right of paternity and the right of integrity or either. The waiver may apply to a particular person or a particular group of persons, or to any person. It may be conditional or unconditional.
The template also includes clauses for specifying the governing law and the courts having jurisdiction to hear claims relating to the waiver.
The waiver must be signed by the author, as required by Section 87(2).
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Waiver of moral rights contents
- Introduction: identification of person making document; definition of works.
- Waiver of moral rights: waiver of moral rights; legal scope of moral rights waiver; beneficiary of waiver; conditions on waiver.
- Law and jurisdiction: governing law; jurisdiction.
