Moral rights waiver (copyright)

A buyer of a design studio, software company or publisher may take over copyright in the work. Moral rights are separate. Section 14.1 of the Copyright Act gives the author the right to the integrity of the work and, in connection with an act mentioned in s.3, where reasonable in the circumstances, to be associated with it by name or under a pseudonym or to remain anonymous, subject to s.28.2. See who owns the intellectual property after a sale.

What the Act says

Section 14.1(2) says moral rights may not be assigned but may be waived in whole or in part. Section 14.1(3) says an assignment of copyright does not by that act alone constitute a waiver. Under s.14.1(4), a waiver made in favour of an owner or licensee may be invoked by any person authorized by that owner or licensee to use the work, unless the waiver indicates otherwise. The Canadian Intellectual Property Office adds that once moral rights are waived they cannot be reacquired.

What to ask

• Whether each author, including contractors, signed a waiver
• Whether the waiver covers all moral rights or only some
• Whether it favours the company, and whether it extends to successors and licensees