However, by waiving those rights in a contract, an author can promise not to use those moral rights against others. As a result, only the author may have these rights, and they cannot be assigned to anyone else. Moral rights prohibit other people from distorting or modifying the work to the prejudice of the author. Two examples of such public policy considerations relevant to many commercial agreements deal with (i) an author’s moral rights and (ii) each person’s right to compete in the marketplace. Contracts won’t be enforceable if they’re unconscionable and, in making enforceability determinations, courts give significant weight to public policy. You can’t contract to perform illegal activities and you certainly can’t contract away constitutional rights. The power to contract is extremely broad, but that doesn’t mean the power is limitless. What rights can you not sign away in a contract? May 05, 2017
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