I recently joined an online forum and found this in the small print
#%@# may, for any reason, excerpt, use, distribute, publish, display, or sell these Postings in any way, with no liability and you waive all moral rights in this material. [Note: “moral rights” is a legal term in intellectual property law.]
What exactly are “moral rights” as it relates to intellectual property? Are these sort of disclaimers typical in public forums?
Aside from the owner of a domain, who else has the right to publish said material? Can’t it be used anyway under the fair use provision of the copyright act?
Let’s suppose you’re an artist. Let’s suppose I hire you to paint a mural on the wall of my building. Let’s further suppose that, years later, I want to tear down the building and build a parking lot. You, believing that your work is significant and important, object to its destruction.
You have a “moral right” to object to the destruction of your work. You also have a moral right to object to modifications or distortions of your work.
There are a few special things about moral rights in the U.S. as opposed to the way they’re codified in other countries. For one, in the U.S., moral rights only inhere in visual art; literary works don’t have such protection. So, assuming that all you were gonna do on this forum is post text, they’re idiots for talking about moral rights, because they don’t apply. Another special deal is, the moral right can’t be sold or transferred to anyone else. Also, the right ends when the artist dies. Other nations don’t have these limitations; in France, I believe, the moral rights of the artist can last forever.
Also, as I recall, in the hypothetical situation I described above, it’s been generally agreed that the artist has 90 days after you tell him you’re gonna tear down the wall to object. If he doesn’t, the wrecking ball may swing freely. I’m going by memory for that, though, so don’t quote me on that.