Rights of a Copyright Owner: Exploring Creative Control

The rights of a copyright owner form the foundation of protection for creative works.

The copyright owner has the authority to manage the use, distribution, and reproduction of their intellectual property.

These rights grant you the authority to determine who can make copies, distribute, display, or perform your work publicly.

Understanding copyright law is important for safeguarding creative works, regardless of one’s profession in writing, painting, music, film, or software development.

This piece of writing will focus on the essential rights that copyright owners have and show how these rights give you the ability to safeguard and profit from your original works.

What are the Rights of a Copyright Owner?

The rights of a copyright holder encompass a set of exclusive rights that grant them control over their creative works. These rights include:

Economic Rights

Economic rights refer to the rights that provide financial benefits to the owner of a copyright.

These rights are outlined in Section 14 of the principal Act, which defines the scope of copyright protection.

Right of Reproduction

The Right of Reproduction is one of the fundamental rights that copyright holders possess.

This right grants the owner the exclusive authority to make copies of their protected work in any format or medium.

In today’s digital age, activities like copying songs onto portable devices or creating audiovisual recordings are considered reproductions of copyrighted content.

It’s important to note that obtaining permission from the copyright owner is generally required before making copies, unless it can be proven that the copying is not intended for commercial gain.

This right serves as a crucial safeguard for creators, ensuring that their work is not unlawfully reproduced or exploited without their consent, while also allowing for appropriate exceptions and fair use.

Right to Distribute in the Market

In addition to the right of reproduction, content owners also possess the right to distribute their copyrighted work in the market and generate income from it.

There are several methods of distributing work, such as selling it, lending it for free or for a fee, renting it out, or gifting it.

The exercise of the distribution right may vary depending on the specific circumstances and context.

For instance, when a book is sold, the principle of exhaustion comes into play.

This means that after the initial sale, the copyright owner’s right to control further distribution is exhausted, allowing the buyer to resell the book as a second-hand item.

However, different rules apply when the copyright owner establishes a library and charges rental fees for reading the books.

In such cases, the owner can continue to distribute the works without exhausting his rights. The law does not prohibit this practice, and the principle of exhaustion does not apply.

The right to distribute enables copyright owners to commercially exploit their works while also accommodating different distribution models and circumstances.

Right to Make Derivative Works

The right to make derivative works is one of the exclusive rights granted to copyright holders.

A derivative work is created when a new work is based on or derived from an existing copyrighted work.

This privilege allows the copyright holder to produce adaptations, modifications, or other transformative works based on their original creation.

Making a derivative work involves adding new creative elements, incorporating changes, or reimagining the original work in a different form.

Translations of books, movie adaptations of novels, remixes of songs, and even a continuation of a literary work are examples of derivative works.

The ability of the owner of the copyright to create derivative works is crucial because it gives them the freedom to experiment with new creative ideas, increase the audience and effect of their original work, and perhaps even open up new revenue streams.

It also gives them control over the quality and integrity of any adaptations or modifications made to their work.

Notably, unless the use falls under specified exceptions like fair use or other applicable legal rules, making a derivative work based on another person’s copyrighted content often necessitates permission from the original copyright holder.

This helps ensure that the rights of both the original creator and the creator of the derivative work are respected and balanced.

Right to Publicly Perform

It refers to the authority to present, display, or showcase a copyrighted work to the public through various means, such as live performances, theatrical productions, concerts, recitals, screenings, or broadcasts.

Public performance encompasses a wide range of creative works, including musical compositions, plays, dance performances, films, and more.

It allows the rights holder to control and manage how their work is presented and shared with an audience.

Obtaining the right to publicly perform a copyrighted work generally requires permission from the owner, unless the performance falls under certain exceptions, such as fair use or specific statutory licenses in certain jurisdictions.

The Delhi High Court in the case of Indian Performing right society Ltd. V Aditya Pandey states that:

“the defendant is accordingly restrained from communicating any of such works to the public, or performing them, in the public, without such appropriate authorisation, or licensing”.

This right is crucial for artists, performers, and creators as it enables them to showcase their talent, reach wider audiences, and derive financial benefits from their artistic endeavors.

It also safeguards their control over the presentation and integrity of their work, ensuring that it is shared in accordance with their artistic vision and under appropriate conditions.

The Right of Adaptation

This right is an exclusive right granted to copyright holders, allowing them to convert, alter, transcribe, or rearrange their copyrighted work.

This right specifically applies to musical, literary, or dramatic works, while it does not extend to computer programs.

The protection of the right of adaptation is governed by statutory provisions, as well as established principles derived from legal precedents.

In the case of Macmillan and Company Ltd. v K. and J. Cooper, a significant ruling by the Privy Council, the defendants were accused of infringing a book published by the plaintiff.

The nature of the book, which was based on a non-copyrighted source, was examined to determine its originality.

It was held that the defendants were not guilty of infringement because the plaintiff’s book lacked the necessary degree of originality.

The principle of this case highlights the requirement for a certain degree of originality in a work, even if it is adapted from a source.

The right of adaptation grants copyright holders the authority to modify their works to suit different mediums, audiences, or creative visions.

It ensures that creators have control over the integrity and quality of adaptations while also respecting the rights of others.

Related Article: Copyright and Related Rights

The Right to Translate

This is a specific right granted to holders, allowing them to authorise or control the translation of their original works into different languages.

This right applies to various forms of creative works, including literary works, poems, song lyrics, and plays.

By holding the right to translate, rights holders have the power to decide who can translate their works and in what manner.

They can grant permission to translators or translation companies, ensuring that the translated versions maintain the essence and integrity of the original work.

This right is important for authors, poets, and creators as it enables their works to reach a broader audience and be appreciated by people who speak different languages.

It also provides the opportunity for cultural exchange and promotes the diversity of literature and artistic expression worldwide.

However, it’s essential to note that translating a copyrighted work without the permission of the content creator may constitute copyright infringement.

In the case of Academy of General Edu., Manipal & ANR. v. B. Malini Mallya, the plaintiff filed a petition claiming that their idea had been used without authorisation.

The court, however, ruled that simply adapting an idea does not constitute copyright infringement.

To establish infringement, there must be a substantial reproduction or copying of the work in question.

Related Article:

• Is Translating a Book Copyright Infringement
• Are Translations of Public Domain Works Copyrighted
• Copyright Questions

Moral Rights

Moral rights are rights that go beyond economic considerations and are based on the dignity, uniqueness, and reputation of a copyrighted work.

Moral rights recognise the personal and emotional connection that creators have with their works.

In the legal case of Amarnath Sehgal v. Union of India, the damage was inflicted upon the plaintiff’s artwork by the defendant, resulting in the artwork losing its aesthetic and market value.

The court granted a mandatory injunction and imposed a fine of 50 lakh rupees to compensate for the damage caused.

The moral rights of a copyright owner are outlined in Section 57 of the copyright law. These rights include:

Right of Paternity:

This right allows the author to be recognised as the creator of the work. It ensures that the author’s name is associated with their work and that they receive appropriate attribution.

Right of Integrity:

The right of integrity safeguards the work from any distortion, mutilation, or modification that could harm its reputation or the author’s reputation.

It ensures that the work is presented in its original form, as intended by the author.

Right to Retraction:

Retraction is the act of taking back a previous assertion.

The author may occasionally feel the need to sacrifice his or her rights in order to uphold the honor of his or her work, which sounds like taking one’s own life in order to preserve one’s reputation that has already been established.

The primary Act gives the author the option to stop publishing his work under Section 57. To put it simply, it means giving up his rights if doing so will defend his integrity or reputation.

These moral rights provide authors with control over the integrity and attribution of their works, preserving their artistic vision and protecting their reputation as creators.

Sui Generis Rights

Computer software and databases may not be fully protected under traditional copyright law due to their potential lack of creative elements.

To address this issue, a new legal concept called sui generis rights was introduced specifically for the protection of software and databases.

Sui generis rights recognise that databases, even if lacking creativity, still require protection against unauthorised copying due to the effort and investment involved in their creation.

It allows for the protection of the compilation or arrangement of information within a database.

However, there are certain modifications in the application of copyright protection to databases. For instance, the right to make copies of the database may be excluded from this protection.

The sui generis right for databases typically lasts for a period of fifteen years, providing a specific timeframe for the protection of these valuable assets.

Right to Follow

The right to follow is a specific right granted to authors and artists, allowing them to receive a percentage of the proceeds from subsequent sales of their work.

This right is commonly known as “Droit de Suite” or the Right to Follow.

It ensures that creators continue to benefit financially from the increasing value of their work, even after its initial sale.

The right to follow is not limited to authors but is also extended to artists, particularly in the context of reselling their artwork.

Conclusion

The rights of copyright owners encompass a wide range of aspects that are vital for the protection and exploitation of their creative works.

Economic rights play a central role in granting owners the exclusive control over the commercial aspects of their intellectual property.

These rights, including reproduction rights and distribution rights, allow owners to monetise their creations and safeguard their ownership.

It is important to understand that copyright protection extends beyond mere ideas and covers works expressed in a tangible form.

Whether it is a written manuscript, cinematographic film, a visual recording, or a motion picture, copyright law recognises the significance of material form in establishing ownership and providing legal safeguards.

The copyright regime is designed to prevent the unauthorised use or infringement of copyrighted materials.

Violation of copyright can lead to legal consequences, as the law safeguards the personal rights and property rights of copyright holders. By enforcing copyright laws, the intellectual property regime ensures a fair and balanced system where creativity and innovation can thrive.

It is worth noting that copyright protection is not limited to physical copies alone.

With the advent of digital technology, intellectual property law has adapted to encompass electronic forms of expression as well.

The ownership of copyrights now extends to digital works and their distribution in various digital formats.

In this ever-evolving landscape, independent copyright holders and creators must stay informed about their rights and the evolving legal frameworks.

By understanding the rights and responsibilities conferred by the law of copyright, creators can navigate the complexities of the intellectual property landscape and safeguard their artistic and commercial interests.

In essence, the rights of copyright owners form a suitable framework that enables the recognition, protection, and exploitation of their creative endeavors.

These privileges give creators the legal resources they need to make sure that audiences respect, value, and enjoy their works while balancing their interests with those of the wider population.

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