Rights of Holder of a Copyright - Explained
Stopping Others from Using a Copyright Commercially
Written by Jason Gordon
Updated at April 8th, 2023
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What are the rights of the holder of a copyright?
Copyrights, as do other forms of intellectual property, allow the holder to exclude others from using or copying the protected work. A copyright holder has exclusive rights to the following:
Reproduce - The holder of a copyright has the ability reproduce and distribute the protected work. For example, the holder of the copyright may distribute copies of the work or license the work for reproduction in any format.
Example: The holder of a copyright on lyrics to a song may license the rights to perform the song to a recording artist.
Derivative Works - The holder may prepare derivative works based on the original work. For example, the holder may employ images, characters, words, or notes from the original work or adopting your work in other formats.
Example: The holder of copyrights in an image may incorporate that image in a separate work. Similarly, the holder of copyrights in a song may use any portions of a song (lyrics or notes) in a separate song.
Distribution - The holder may distribute copies or reproductions of the work by sale, lease or other transfer of ownership. This generally includes the right to commercially publish the protected work and distribute it through any medium or method of commerce.
Example: Jay-Z has the exclusive right to sell and distribute any of the songs or albums to which he holds the master rights.
Performance - The holder may publicly perform the work. For example the holder of a copyright in a song may perform the song in public.
Example: Michael writes a song. He is the only individual who can perform that song without violating his copyright. Other example may include showings of movies, performances of plays, recitations of literary works or skits, etc.
Public Display - The holder may publicly display the work.
Example: An example would include displaying art, such as paintings or photography, in galleries or exhibits.
Next Article: Elements of a Copyright Back to: INTELLECTUAL PROPERTY RIGHTS
In summary, the owner of the copyright may sell, assign, or otherwise transfer her copyright. She may also license any of these rights to third parties. A license is any transfer of rights that are less than complete ownership of the copyright.
Note: A transfer of rights in the copyright must be done in writing and signed by the copyright holder.
Discussion Question
How do the rights of the copyright holder compare to those of patent and trademark holders? Do you believe these rights are adequate? Why or why not?
Practice Question
Frank is a musician. He regularly composes new musical arrangements. As such, he is the copyright holder of these original creative works. Can you explain to Frank the rights associated with his copyrights?
Related Topics
- Intellectual Property Law (Intro)
- What is Intellectual Property?
- What is the purpose in granting intellectual property rights?
- What is required to capture or secure intellectual property rights?
- California Labor Code 2870
- What are Trade Secrets?
- Non-Disclosure Agreement
- Patents or patent rights?
- Letters Patent
- Primary types of patents?
- What Can I Patent?
- Requirements for a valid patent?
- Can your Invention be Patented?
- What is a Patentability Search?
- When is a Patentability Search Necessary?
- Why is a Patent Search Important?
- Requirements for a design patent?
- How to Do a Design Patent Search
- Cost of a Design Patent
- Requirements for a utility patent?
- Why Do You Need a Utility Patent?
- Plant Patent?
- Process for securing patent rights?
- Patent Search
- Basics of Doing a Patent Search
- 5 Rules for Effective Patent Searches
- What are Patent Databases?
- Tools for Patent Searches
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- Patent Searches for Software
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- Cost of Doing a Patent Search
- Patent Search vs Patent Analysis
- Structure of a Patent
- Patent Filing Date
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- Applying for Design patent
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- Applying for Provisional Patent
- Doing a Provisional Patent Search
- How to Draw Up a Provisional Patent
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- What Does Patent Pending Mean?
- Process for enforcing ones patent rights?
- Patent Infringement
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- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
-
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
- What international protections exist for intellectual property rights?
- Paris Convention
