Exclusive copyright holders possess a bundle of fundamental rights that grant them significant control over their original works of authorship. These rights are generally stated in Section 106 of Title 17 of the U.S. Code and include the exclusive power to reproduce, adapt, publish, perform, and display their copyrighted material.
Understanding Exclusive Copyright Rights
When you own an exclusive copyright, you have the sole authority to do certain things with your creative work and to authorize others to do them. This means that without your permission, no one else can legally exercise these rights. This legal protection fosters creativity by giving creators control over how their works are used and the ability to profit from them.
The Five Fundamental Exclusive Rights
The core of an exclusive copyright holder's power lies in five distinct rights, which are applicable to various types of copyrighted works, including literary, dramatic, musical, artistic, and other intellectual works.
| Right | Description | Examples |
|---|---|---|
| Reproduction | The right to make copies of the copyrighted work. | Printing multiple copies of a book; creating digital copies of a song; duplicating a photograph; making backup copies of software; scanning an image. |
| Adaptation | The right to prepare derivative works based upon the copyrighted work. | Turning a novel into a screenplay; translating a book into another language; creating a musical arrangement from an existing song; making a sculpture from a drawing; remixing a song; creating a sequel. |
| Publication | The right to distribute copies or phonorecords of the copyrighted work to the public by sale or transfer. | Selling physical copies of a CD or DVD; offering digital downloads of an e-book; lending or leasing a film; making a work available online for public access. |
| Public Performance | The right to perform the copyrighted work publicly. | Playing a song on the radio; screening a movie in a theater; performing a play on stage; giving a dance recital; livestreaming a concert. (Applicable to literary, musical, dramatic, choreographic works, pantomimes, and motion pictures and other audiovisual works). |
| Public Display | The right to display the copyrighted work publicly. | Showing a painting in an art gallery; projecting an image onto a screen for public viewing; displaying photographs on a website; exhibiting a sculpture in a park. (Applicable to literary, musical, dramatic, choreographic works, pantomimes, pictorial, graphic, sculptural works, and individual images of a motion picture or other audiovisual work). |
1. Right to Reproduce
This right grants copyright holders the exclusive power to make direct or indirect copies of their work. This is fundamental as it prevents unauthorized duplication, whether for personal use or commercial distribution.
- Practical Insights:
- Prevents bootlegging of music albums or films.
- Protects software developers from unauthorized copying of their programs.
- Ensures authors control the printing of their books.
2. Right to Prepare Derivative Works (Adaptation)
This right allows copyright holders to create new works based on their original copyrighted material. A derivative work transforms or adapts the original work in some way.
- Practical Insights:
- A filmmaker must obtain permission from the author of a novel to adapt it into a movie.
- A music producer needs a license to sample or remix an existing song.
- Translators require authorization to translate a copyrighted text.
3. Right to Distribute Copies (Publication)
This right gives the copyright owner control over the first sale or other transfer of ownership of physical copies of their work. It includes the ability to sell, rent, lease, or lend copies to the public.
- Practical Insights:
- A record label controls the release and distribution of an artist's album.
- A software company determines how its software is sold and licensed.
- An artist decides whether to sell prints of their artwork.
4. Right to Perform Publicly
For certain types of works (like musical, dramatic, and literary works), copyright holders have the exclusive right to perform their work in public. This applies to live performances, broadcasts, and streaming.
- Practical Insights:
- A concert venue needs a license to play copyrighted music during events.
- A theater company must obtain rights to stage a copyrighted play.
- Radio stations pay royalties for the music they broadcast.
5. Right to Display Publicly
This right allows copyright holders to control the public exhibition of their work. This is particularly relevant for visual arts, but also applies to still images from motion pictures or other audiovisual works.
- Practical Insights:
- An art gallery must secure permission to display a copyrighted painting or sculpture.
- A website needs authorization to display copyrighted photographs or illustrations.
- A museum requires a license to project copyrighted video art.
Legal Basis and Importance
These fundamental rights empower copyright holders with a strong legal framework to manage and monetize their creative endeavors. They are designed to protect the economic interests of creators by preventing unauthorized use and exploitation of their work. These protections are generally outlined in Section 106 of Title 17 of the U.S. Code, which establishes the exclusive rights in copyrighted works, ensuring creators can benefit from their ingenuity. For more details, you can refer to the full text of 17 U.S. Code 106: Exclusive rights in copyrighted works.
While these rights are broad, it's important to note they are not absolute and can be subject to certain limitations and exceptions, such as fair use, which allows limited use of copyrighted material without permission for purposes like criticism, comment, news reporting, teaching, scholarship, or research.
