Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Copyright
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
== Rights granted == According to [[World Intellectual Property Organization|World Intellectual Property Organisation]], copyright protects two types of rights. Economic rights allow right owners to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights, or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights.<ref name=":0">{{Cite web |url=https://www.wipo.int/edocs/pubdocs/en/wipo_pub_909_2016.pdf |title=World Intellectual Property Organisation (WIPO). |date=20 April 2019 }}</ref> === Economic rights === With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have the owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to the legally recognised rights and interests of others.<ref name=":0" /> Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: * reproduction of the work in various forms, such as printed publications or sound recordings; * distribution of copies of the work; * public performance of the work; * broadcasting or other communication of the work to the public; * translation of the work into other languages; and * adaptation of the work, such as turning a novel into a screenplay. === Moral rights === {{Main|Moral rights}} Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why the moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world.<ref name=":1">{{Cite web |url=https://www.copyrightuser.org/wp-content/uploads/2017/07/CU_CaseFile_11.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.copyrightuser.org/wp-content/uploads/2017/07/CU_CaseFile_11.pdf |archive-date=9 October 2022 |url-status=live |title=The Mutilated Work |website=Copyright User }}</ref> The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: # the right to claim authorship of a work (sometimes called the right of paternity or the right of attribution); and # the right to object to any distortion or modification of a work, or other derogatory action in relation to a work, which would be prejudicial to the author's honour or reputation (sometimes called the right of integrity). These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights.<ref name=":0" /> Recently, as a part of the debates being held at the [[US Copyright Office]] on the question of inclusion of Moral Rights as a part of the framework of the [[Copyright law of the United States|Copyright Law in United States]], the Copyright Office concluded that many diverse aspects of the current moral rights patchwork β including copyright law's derivative work right, state moral rights statutes, and contract law β are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of the US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole.<ref>{{Cite web |url=https://www.copyright.gov/policy/moralrights/full-report.pdf |archive-url=https://ghostarchive.org/archive/20221009/https://www.copyright.gov/policy/moralrights/full-report.pdf |archive-date=9 October 2022 |url-status=live |title=authors, attribution, and integrity: examining moral rights in the united states |date=April 2019 |website=U.S. Copyright Office }}</ref> In the [[copyright law of the United States]], several exclusive rights are granted to the holder of a copyright, as are listed below: * protection of the work; * to determine and decide how, and under what conditions, the work may be marketed, publicly displayed, reproduced, distributed, etc. * to produce copies or reproductions of the work and to sell those copies; (including, typically, electronic copies) * to import or export the work; * to create [[derivative work]]s; (works that adapt the original work) * to perform or display the work publicly; * to sell or cede these rights to others; * to transmit or display by radio, video or internet.<ref name="yu-2006"/> The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free. This part of copyright is often overseen. The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission. Copyright is sometimes called a "negative right", as it serves to prohibit certain people (e.g., readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something they would otherwise be able to do, rather than permitting people (e.g., authors) to do something they would otherwise be unable to do. In this way it is similar to the [[unregistered design right]] in [[English law]] and [[European law]]. The rights of the copyright holder also permit them to not use or exploit their copyright, for some or all of the term. There is, however, a critique which rejects this assertion as being based on a [[Philosophy of copyright|philosophical interpretation of copyright law]] that is not universally shared. There is also debate on whether copyright should be considered a [[property right]] or a [[Moral rights (copyright law)|moral right]].<ref>Tom G. Palmer, [http://www.tomgpalmer.com/wp-content/uploads/papers/morallyjustified.pdf "Are Patents and Copyrights Morally Justified?"] Accessed 5 February 2013.</ref> [[UK copyright law]] gives creators both economic rights and moral rights. While 'copying' someone else's work without permission may constitute an infringement of their economic rights, that is, the reproduction right or the right of communication to the public, whereas, 'mutilating' it might infringe the creator's moral rights. In the UK, moral rights include the right to be identified as the author of the work, which is generally identified as the right of attribution, and the right not to have your work subjected to 'derogatory treatment', that is the right of integrity.<ref name=":1" /> [[Copyright law of India|Indian copyright law]] is at parity with the international standards as contained in [[TRIPS Agreement|TRIPS]]. The Indian ''Copyright Act, 1957'', pursuant to the amendments in 1999, 2002 and 2012, fully reflects the Berne Convention and the Universal Copyrights Convention, to which India is a party. India is also a party to the [[Geneva Phonograms Convention|Geneva Convention for the Protection of Rights of Producers of Phonograms]] and is an active member of the [[World Intellectual Property Organization]] (WIPO) and [[UNESCO|United Nations Educational, Scientific and Cultural Organization]] (UNESCO). The Indian system provides both the economic and moral rights under different provisions of its Indian Copyright Act of 1957.<ref>{{Cite web|url=http://www.mondaq.com/india/x/655852/Copyright/Copyright+Law+In+India+Everything+You+Must+Know|title=Copyright Law In India|last=Dalmia|first=Vijay Pal|date=14 December 2017|website=Mondaq}}</ref> ===Duration===<!-- This section is linked from [[Little Nemo]] --> {{Main|Copyright term |List of countries' copyright length }} [[File:Extended Tom Bell's graph showing extension of U.S. copyright term over time.svg|thumb|upright=1.35|Expansion of US copyright law (currently based on the date of creation or publication)]] Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been [[Publication|published]], and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States<ref>{{UnitedStatesCode |17 |305 }}</ref> and the United Kingdom<ref>The Duration of Copyright and Rights in Performances Regulations 1995, [http://www.opsi.gov.uk/si/si1995/Uksi_19953297_en_3.htm part II], Amendments of the UK Copyright, Designs and Patents Act 1988</ref>), copyrights expire at the end of the calendar year in which they would otherwise expire. The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be [[Copyright renewal in the United States|renewed]] after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage. In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms (sometimes retroactively). International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those.<ref>{{Cite book |title=Copyright: Sacred Text, Technology, and the DMCA |last=Nimmer |first=David |publisher=Kluwer Law International |year=2003 |isbn=978-90-411-8876-2 |oclc=50606064 |page=63 |url=https://books.google.com/books?id=RYfRCNxgPO4C |via=Google Books }}</ref> In the United States, all books and other works, except for sound recordings, published before 1929 have expired copyrights and are in the public domain. The applicable date for sound recordings in the United States is before 1923.<ref>"[http://copyright.cornell.edu/resources/publicdomain.cfm Copyright Term and the Public Domain in the United States]"., ''[[Cornell University]]''.</ref> In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain. Hirtle points out that the great majority of these works (including 93% of the books) were not renewed after 28 years and are in the public domain.<ref>See Peter B. Hirtle, "Copyright Term and the Public Domain in the United States 1 January 2015" [https://copyright.cornell.edu/resources/publicdomain.cfm online at footnote 8] {{webarchive|url=https://web.archive.org/web/20150226112433/http://copyright.cornell.edu/resources/publicdomain.cfm |date=26 February 2015 }}</ref> Books originally published outside the US by non-Americans are exempt from this renewal requirement, if they are still under copyright in their home country. But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the US, the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries. In 1998, the length of a copyright in the United States was increased by 20 years under the ''[[Copyright Term Extension Act]]''. This legislation was the subject of substantial criticism following allegations that the bill was strongly promoted by corporations which had valuable copyrights which otherwise would have expired.<ref>Lawrence Lessig, ''Copyright's First Amendment'', 48 UCLA L. Rev. 1057, 1065 (2001)</ref>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)