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Publisher one

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Source file

Jurisdiction

England and Wales

Contract party

Type of legal document

💲 Waiver of moral rights

Business activity

Waive moral rights

Why use a 💲 Waiver of moral rights?

A waiver of moral rights is a document that relinquishes an artist's control over how their work is used. This means that an artist can no longer control how their work is displayed or distributed, and they will not receive any royalties for its use. Moral rights can be waived in whole or in part, and they can be waived permanently or for a limited time.

The Moral Rights Waiver Agreement under UK law is a legal template that covers the voluntary waiver of moral rights possessed by creators or authors of original works. Moral rights safeguard the personal and reputational interests of creators in relation to their works, even after they have assigned or licensed their copyright to others. This template is designed to govern the contractual understanding between the author and the assignee/licensor, providing a mechanism for the author to waive their moral rights when deemed necessary.

The template outlines the key provisions and clauses to be addressed in a comprehensive moral rights waiver agreement, ensuring compliance with the specific requirements of UK law. It includes a clear definition of moral rights, such as the rights of paternity (attribution), integrity, and object to derogatory treatment, as recognized by the Copyright, Designs, and Patents Act 1988.

The agreement outlines the circumstances and conditions under which the author agrees to waive their moral rights, and the extent to which they may be waived. It also includes provisions on the assignment, licensing, and exploitation of the work by the assignee/licensor in a manner that may potentially affect the author's moral rights.

Additionally, the template may address the necessary indemnification clauses, governing the liability of the author in cases where the assignee/licensor infringes upon the waived moral rights. It may also include warranty provisions, ensuring that the author has not waived any moral rights that are prohibited from being waived under UK law.

Overall, the Moral Rights Waiver Agreement under UK law provides a legally binding framework for the voluntary relinquishment of moral rights by creators, offering clarity and protection for both authors and assignees/licensors involved in the copyright licensing or assignment process.

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