Lesson 6: Exclusive Rights of a Copyright Holder

Welcome to Lesson 6 of our instructable on Exploring Intellectual Property Law. In this lesson, we will delve into the exclusive rights granted to a copyright holder.

What is a Copyright?

Copyright is a form of protection provided by the laws of a country to the authors of "original works of authorship" including literary, dramatic, musical, and certain other intellectual works. This protection is available to both published and unpublished works. For more on the definition, visit our previous lesson on the Definition and Scope of Copyright.

Exclusive Rights Granted to Copyright Holders

Under copyright law, the holder of a copyright is granted a bundle of exclusive rights. These rights typically include:

The right to reproduce the work.
The right to prepare derivative works based upon the work.
The right to distribute copies of the work to the public.
The right to perform the work publicly.
The right to display the work publicly.
The right to transmit the work digitally (for sound recordings).

Reproduction Right

The reproduction right is perhaps the most fundamental right granted to copyright holders. This right allows the copyright owner to control the making of copies of the protected work. For example, a book authors who holds the copyright can decide who may publish and sell copies of their book.

Only the copyright holder has the right to make copies of the book.

Derivative Works Right

This right allows the copyright owner to control the creation of new works based upon the original work. Derivative works can include translations, adaptations, or any other form of transformation or modification of the original.

Only the copyright holder can authorize a movie adaptation of their book.

Distribution Right

This right allows the copyright owner to control the distribution of copies of the work to the public. This includes selling, leasing, or lending copies of the work.

Note: The distribution right can be subject to certain limitations, such as the "first sale doctrine" which allows the owner of a legally acquired copy to resell it without the copyright holder's permission.

Public Performance Right

The public performance right allows the copyright owner to control the performance of their work in public. This is particularly relevant to works such as plays, movies, and music.

Public Display Right

The public display right allows the copyright owner to control the display of their work in public. This could include displaying artwork in a gallery or showing a movie to an audience.

Digital Transmission Right

This right is specific to sound recordings and allows the copyright owner to control the digital transmission of their work, such as streaming music over the internet.

Diagram of Exclusive Rights

Conclusion

The exclusive rights granted to a copyright holder form the foundation of copyright protection. These rights ensure that the creator has control over how their work is used and can benefit economically from their creativity. Understanding these rights is crucial for navigating the complexities of copyright law.