What is copyright?

Copyright is one aspect of a group of rights known as intellectual property rights, which include:

  • designs
  • patents
  • trademarks
  • database rights.

In addition, copyright is itself a bundle of rights which can be divided into two categories: 

  • exclusive or monopoly rights
  • moral rights.

Copyright exists to protect the works of authors and creators for a fixed period of time during which they are able to exploit their works in any way they wish. Effectively, copyright is a negative right in that it restrains others from exploiting the property. However, just as with any another form of property, copyright may be sold, bequeathed or assigned.

Economic rights in copyright

  • The right to copy the work
  • The right to publish
  • The right to perform, show or play the work in public
  • The right to communicate a copyright work to the public by electronic transmission – this covers broadcasting as well as making works available on the internet
  • The right to make an adaptation of the work – this usually means adapting a literary or musical work into a different format

Moral rights

  • The right to be identified as the author
  • The right to object to false attribution
  • The right to prevent or object to derogatory treatment of their work

These rights can not be assigned so they remain with the original author or creator though they may be waived in whole or in part. The right to prevent or object to derogatory treatment of a work is particularly relevant for works in digital format as it relates to the distortion or mutilation of works that may be seen as prejudicial to the reputation of the author.

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Last modified on: Thursday 25 February 2010

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