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Waiver of Electronic Rights.
Sect. 106A. Rights of certain authors to attribution and integrity
(a) Rights of attribution and integrity.
e) Transfer and waiver.
(1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.
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Ed. Note: Some publishers (book, magazine, and newspapers) will
stipulate in their contract the following:
"We retain usage rights in any medium now known or hereinafter
developed for no additional payment."
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Since we have not seen the last of new "mediums" developed in the digital world, it would be unwise to give a carte blanche waiver to a publisher for complete usage rights.
Ed. Note: Contracts like copyright law, changes from time to time. If any modifications have been made to this contract provision, we have not heard about it.
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