All things you wanted to know about Copyrights- Part II
The things Copyright Law does not protect
- Ideas – Copyright law protects the expression of an idea in a fixation or creation, it does not protect the idea itself or even the method, process or procedure.
- Facts – Copyright law does not protect facts, be it scientific, historic, biographic. Only the manner in which the facts are expressed, arranged or selected is protected.
- Names, titles, slogans – Single words, titles, slogans, short phrases are not protected under the Copyright law. Some countries allow their protection if they are unique but mostly these are protected by the Trademark law. Logos, on the other hand, can be protected under the Copyright law as artistic work.
- Official Government works – Any official government related works like judicial opinions, copies of statutes are not given protection under the Copyright Law.
What are the rights protected under Copyright?
The two major rights which are available to the Copyright owners are Economic Rights and Moral Rights. These rights further have different rights given to the Copyright holder. All these rights are discussed below.
These allow the owner of the work to derive financial rewards from the use of his works by others. Further, there are various other types of rights that come under Economic Rights, they are:
- Right of Reproduction: This is the most basic right available to the the Copyright Owner, it helps him to prevent others from making copies of his work. For example, photocopies of a book, downloading a computer program, incorporating a portion of a song in a new song.
- Right of Distribution: Copyright owners can prohibit others from selling, distributing, licensing, renting or lending unauthorized copies of their work. In some countries, the right to distribution only extends till the “first sale” of the copies of the work.What this means is that the Copyright owner will be able to control everything like the price, time, condition of the work till the first sale of that work is done. Once it is sold, the purchaser can resell or lend or give away the work but he cannot make copies or make derivative works.
- Right of Rental or Lending: This right applies to certain works like cinematographic works, musical works or computer programs the right to be rented out. Some countries, instead of giving the right to rental or lending, give the owners the right to get remuneration from such rentals.
- Right or Public performance, broadcasting and communicating to the public: The author or owner of the copyright may authorize live performances of their work like presentation of a play in a theater. Under broadcasting and communicating, the emission of the work by wireless means to the public in a specific range with the reception of sound, images etc.
- Right of Translation and Adaptation: Translation of the work means expression of the work in different languages apart from the original one and adaptation of the work includes modification of the work to create another work.
These allow the author to take actions to preserve the link between himself and his work. There are two forms of Moral Rights, they are:
- Authorship Right: When a work is published or communicated or reproduced to the public, the name of the author or owner of that work should be mentioned wherever possible.
- Right to protect the integrity of the work: This right prohibits making any modifications or changes to the work so which might damage the author’s reputation.