Business Study

Objective, Important and Rights of Copyright Owner

Right of Copyright owner
Written by webpunit

Objective of Copyright 

1) To reproduce the work in copies or phonorecords.

2) To prepare derivative works based upon the work.

3) To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

4) To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio-visual works.

5) To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the…individuals images of a motion picture or other audio-visual work.

Also read:-What is Trademark

Importance of Copyright 

1) Public Record: Registration puts others on notice. of copyright protection. The registration of work creates a public record of the holder’s right to restrict others from using the copyrighted material without-Fr. permission. A public record will also help others to identify the copyright owner.

2) Right to Sue for Copyright Infringement: Registering a work for copyright allows the owner to sue for copyright infringement.

Rights of Copyright Owner

3) Prima Facie Evidence: Copyright registration creates prima facie evidence that the copyright is valid and that the stated facts are, true.

4) Damages: It is easier to recover damages for copyright infringement if registration is timely. “Timely registration” occurs when the owner registers the work within three months after its publication or prior to the commencement of the infringement. This creates a legal presumption of a valid copyright. If not registered, the owner can only recover compensation for actual damages and profits.

5) Protection against Importation of Infringing Material: Once registered with the copyright office, the.)..owner can notify the customs service of the registration. This creates additional protection against they’ i importation of material that infringes on the registered copyright.

Rights of Copyright Owner

Copyright ownership gives the holder of the copyright in an original work of authorship eight exclusive rights:

1) Right of Reproduction:

This is the most prominent right which is acquired after the copyright protection. This right authorizes the person having such copyright to make copies of the protected work in any form. In the modern context copying, a song on a Compact Device or any sound and visual recording can be considered as a reproduction of the content. Prior to copying the permission of the author is required unless it can be shown that such copying is not intended to make any commercial benefits out of it.

2) Right to Distribute:

The right to distribute is an off-shoot of the right of reproduction. The person who owns the copyright owner may distribute his work in any manner he deems fit. The owner is also entitled to transfer the whole or some rights in favor of any other person while retaining others.

3) Right to Make Derivative Works:

The copyright has the right to use his work in various ways, e.g., making adaptations or translations. One example of adaptation is making a movie based on a novel, so here to make any derivative work the consent of the owner is mandatorily required.

4) Right to Publicly Perform:

The owner of the copyright has the right to publicly perform his works. For example, he may perform dramas based on his work or may perform at concerts, etc.

5) Right to Follow:

This right is granted generally only to the authors and artists. This empowers the authors to obtain a percentage of the subsequent sales of his work and is called Droit de Suite or Right to Follow. The right is also available to artists on the resale of their work.

6) Right of Paternity:

The Right of Paternity or Attribution gives the copyright owner a right to claim authorship the work. Thus, if a movie is produced based on a book by an author, and he has not been given due credit in it, he can sue the makers to acknowledge his work.

Rights of Copyright Owner

7) Sui Generis Rights:

The ordinary copyright law often fails to protect the computer software and database since the essence of creativity is not present in such a database. Therefore, there was a need for new laws to protect such software and database. The law of sui generis was introduced to resolve the problem of resolving databases on the whole. A database is a compilation or arrangement of information that may not be creative; it may still require protection from unauthorized copying. Such a database right exists for a fifteen-year period.

8) Private Copying:

This is an exception to the reproduction rights which are attained by the owner. According to this right, any person can make copies of the copyright-protected work if it is proved that such copying is for educational purposes and that there is no commercial motive behind such copies being made.

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