What is a ‘waiver of moral rights’?
A ‘waiver of moral rights’ is a legal document that gives up certain aspects of an artist’s legal rights over their artwork. In Nebraska, artists have the right to claim certain ‘moral’ rights over their art, such as the right to be identified as the creator of the artwork, the right to have the artwork remain unaltered, and the right to not be criticized or embarrassed about the artwork. A waiver of moral rights is when the artist gives up their legal right to claim these rights. For example, an artist may want to sell their artwork to a company that wishes to use the artwork for commercial purposes, such as in advertisements or reproduction. In this case, the company may require the artist to sign a waiver of moral rights to ensure that the artist cannot later try to take legal action if the artwork is used in a way that the artist does not agree with, such as an alteration, or an unfavorable use in an advertisement. Signing a waiver of moral rights can also protect the company from being sued in the event that the artwork is used in a way that the artist did not approve of. By having a waiver of moral rights signed, the company can be assured that the artist agrees to the use of the artwork and accepts any risks associated with it. At the end of the day, a waiver of moral rights is a document signed by both the artist and the company that outlines the parameters of how the artwork can be used and what rights the artist has over their artwork. By signing this document, both parties can protect themselves from legal risks associated with the artwork.
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