Intellectual Property Law

New Matter SUMMER 2017, Volume 41, Number 3

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.


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