Waivers of Moral Rights

This page explains why it is important for the Province to obtain waivers of moral rights from contractors.

Importance of Moral Rights

Moral rights are distinct and separate from copyright.  An author who has not waived his/her moral rights may have a legal basis to object to: 

  • modifications to the work;
  • association of the work with a product , service, cause or institution; and
  • failure to attribute the work to the author (or failure to ensure that the author remains anonymous).

Waiver of Moral Rights

Moral rights are held by an individual author (e.g. sole proprietor, contractor’s employee, subcontractor’s employee, etc.), not a corporate entity.  The individual's moral rights in a work remain with that individual unless waived.  Contract managers should contact their ministry Procurement Specialist to confirm the appropriate documents to be used, as developed in consultation with Legal Services Branch, for waivers of moral rights.

B.C. government employees seeking further information on waivers of moral rights, including concerns that vendors may have with waiving moral rights, may  contact the Intellectual Property Program.