Intellectual Property Law
New Matter SUMMER 2017, Volume 41, Number 3
Content
- 2016 New Matter Author Submission Guidelines
- Case Comments
- Contents
- Copyright Commentary
- Enhanced Patent Damages: the "Halo Effect"
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2015-2016
- Intellectual Property Section Interest Group Representatives 2015-2016
- International Ip Developments
- Letter from the Chair
- Letter from the Editor-in-Chief
- Lynne Beresford 1942-2016
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- The Licensing Corner
- The State Bar of California Intellectual Property Alumni
- Ttab Decisions and Developments
- The Meaning Behind Moral Rights Waiver Language in Contracts in the United States
The Meaning Behind Moral Rights Waiver Language in Contracts in the United States
Melissa K. Dagodag
The Law Offices of Melissa K. Dagadag
The Scope Of Protection For "Moral Rights" in the United States is not as extensive as it is in Europe. Nonetheless, transactional attorneys routinely include a waiver of "moral rights" in contracts related to artistic endeavors. This article examines what rights the person who waives "moral rights" is actually giving up in the United States and the implications of that transaction. Furthermore, this article explains some of the foundations of "moral rights" in Europe and possible implications for the weaker protection of moral rights in the United States.