Page 253 - DLIS001_FOUNDATION_OF_LIBRARY_AND_INFORMATION_SCIENCE

Foundation of Library and Information Science

Notes Assignments ought to be distinguished from licenses. Licensing means the owner of the copyright
remains the owner but authorizes or enables someone else to exercise all or some of his rights
subject to possible limitations. When such authorization or license extends to the full period of
copyright and when such authorization or license extends to all the rights (except, of course, the
moral rights) protected by copyright, the licensee is, vis-à-vis third parties and for all practical
purposes, in the same position as an owner of copyright.

13.1.8 Rights in Copyright

There are two types of rights protected by copyright:

Economic Rights

The owner of copyright in a protected work may use the work as he wishes—but not without
regard to the legally recognized rights and interests of others—and may exclude others from
using it without his authorization. Therefore, the rights bestowed by law on the owner of
copyright in a protected work are frequently described as “exclusive rights” to authorize others
to use the protected work (or not to authorize such use by others). Most copyright laws define
the acts in relation to a work which cannot be performed by persons other than the copyright
owner or without his authorization.
Such acts are the following:

Right of Reproduction and Other Associated Rights
The right of the owner of copyright to prevent others from making copies of his works is the
most basic right under copyright. Such right applies to reproductions made in any manner or
form.

Example: Making of copies of a protected work is the act performed by a publisher who
wishes to distribute copies of a text-based work to the public, whether in the form of printed
copies or in digital media such as CD-ROMs. Other examples include photocopying a book,
downloading a computer program, printing a cartoon character on a T-shirt, making post cards
of a painting, etc.

Such rights comprise also recording activities. Recording music and words of a song on CDs
requires the producer of the phonogram to obtain authorization from the authors of both the
music (composer) and the lyrics to reproduce their compositions on the phonogram. Under the
laws of some countries, the maker of a sound recording must also obtain the authorization of the
performers who play the music and who sing or recite the words.
Likewise recording on video-cassettes or DVDs of a play initially written to be performed live,
for the purpose of being subsequently shown to a larger audience, is an act or reproduction that
requires appropriate authorization from the author of the play. Therefore, the right to control
the act of reproduction is the legal basis for many forms of exploitation of protected works.
Other rights are recognized in national laws in order to ensure that the basic right of reproduction
is respected. For example, some laws include a right to authorize distribution of copies of
works. The right of distribution is usually subject to exhaustion upon first sale or other transfer
of ownership of a particular copy, which means that, after the first sale of that copy its purchaser
may dispose of it without the copyright owner’s further permission, for example, by giving it
away or even by reselling it. Another right which is achieving wider and wider recognition,
including in the TRIPS Agreement, is the right to authorize rental of copies of certain categories

248 LOVELY PROFESSIONAL UNIVERSITY