Economic Rights under Copyright Law

Copyright law seeks to promote human creativity and confers several rights on the copyright owner. International agreements, among which the most important is the Berne Convention, 1886, seeks to standardize the rights available to copyright holders across different countries. The following rights will therefore be looked at as given in the Berne Convention to which most countries are signatories and whose provisions they have incorporated in their local laws as well.

Right of Reproduction

The most prominent is the right to reproduce, which implies making copies of the work in any form (Article 9). In the modern context copying a song on a CD would amount to reproduction. Sound and visual recordings are also considered as copying. Copying would amount to infringement unless it can be classified under one of the fair use defences. It is necessary to show that the person copying does not intend to make any commercial benefit out of it. In all other cases permission of the author is required.

Right to Distribute

An off-shoot right of reproduction is the right of distribution. The copyright owner may distribute his work in any manner he deems fit, he can even license it if he wishes or give it out on rent. The owner is at liberty to assign certain specific rights to somebody while retaining the rest; for example he may assign the right to make translations.

Right to make Derivative Works

Another important right that the owner has is to use the work in various ways, for instance while making adaptations (modifications in a work to suit some other requirements) (Article 12) or translations (converting from one language to another) (Article 11). Examples of adaptations would include making a movie based on a novel. Nobody else can make these derivative works without the owner’s consent. Authors of literary and artistic works also have an additional right to make cinematographic adaptations and distribute the same (Article 14). In this context, related rights of the owner are also important, for instance, the right to integrity which protects the owner against distortion, mutilation or modification of his work in a way that it is harmful for his reputation.

Right to Publicly Perform

The copyright owner also has the right to publicly perform his works. Example, he may perform plays based on his work or perform at concerts, etc. Public does not have to be of a specific strength; even a large group of people would amount to performing before the public (Article 11).

Right to Broadcast

A copyright owner also has the right to broadcast his work. Broadcasting would mean using of any means to make the work available to the public. In the modern context, this would extend to making the work accessible on the Internet. The terms and conditions of access will be decided by the copyright holder (Article 11bis).

Right of Public Recitation

Authors of literary works are additionally conferred with the right to publicly recite their works (Article 11ter).

Right to Follow

A special right granted to authors is the right to obtain a percentage in the subsequent sales of his work and is called Droit de Suite or Right to Follow. The right is also available to artists on resale of their work. (Article 14ter)

Sui Generis Rights

It is not possible to protect computer software and databases through ordinary copyright law without any variations. The main reason for this is that databases often lack the essential element of creativity that is required for copyright protection. To resolve this problem a new set of rights of their own kind (sui generis rights) have been introduced to protect databases on the whole. A database involves an arrangement or compilation of information and though this may not be creative, it still requires effort and hence protection from unauthorized copying. However, a certain number of modifications will be required like the making of back-up copies will have to be excluded from the realm of copyright infringement. The database right exists for a fifteen year term. 

Right to Enforce other Rights

The most important right available to copyright owners which makes all the other rights meaningful is the Right to Enforce Protected Rights (Article 15). Under this, the copyright holder can institute infringement proceedings against any violative work.

Conclusion

In conclusion is maybe said that copyright law adequately protects the right holders. The law has kept pace with the changing times and has accommodated a number of new things in its ambit, including digital reproduction and sui generis rights. Most member countries have incorporated these rights in their State laws as well. India has also risen up to the challenge and updated its copyright law from time to time.