Introduction to Rights Under Copyright
There are two types of right for a copyright owner these are exclusive rights and the moral rights.
EXCLUSIVE RIGHT
Section 14 of the copyright Act talks about that the owner of a copyright has exclusive right over the copyright in regard to the following rights. These are the exclusive rights and the economic rights. The owner of the copyright has a lot right with the copyright. These rights include right to sell, right to distribute, right to reproduce, right to perform, right to display.
Right to reproduce:
Right to reproduce the work Is with the author. The right to reproduce the work means that copying the work and reproducing it. This work will always be with the author. The author or the owner can economically benefit from the reproduction of the work.
Right to distribute:
The author has the right to distribute his work to other. He can distribute with his consent and for the purpose of sell he can distribute the protect. He can also assign his right of copyright top someone other. Where it’s a sell of book the right of copyright ceases as the first sale doctrine applies.
Right to adaptation:
The conversion, alteration, rearrangement, all such process are covered under the right to adaptation. These rights are not available for the commuter program.
MORAL RIGHT
These are the rights which is based on the reputation, dignity and emotions of the author and even if the author has given its exclusive then also his moral right will be in existence.
The moral rights are of three kinds:
- Right to paternity:
The right of the owner to prevent his ownership and to prevent someone from claiming ownership is said to be right to paternity.
- Right to integrity
The right to integrity involves the right to keep the copyrighted work save and to keep it safe from getting exploited.
- Right to retraction
Retraction means drawing back something which someone has given. The author may retract his right. Many a times the author feels like giving his right and then the author can retract his right. He can take back all his right he has given.
In the case of Amarnath Sehgal v. Union of India the court held the following:
• When an author creates a work of art or a literary work, he posses’ various rights. The first is the “paternity rights” in the work i.e. the right to have his name on the work. The second is right to disseminate his work that means economic right to sell the work. The third is to maintain the integrity and purity of the work this would be the moral right of the integrity. Last right is to withdraw the work whenever the author feels rights.
• Except for the dissemination other three originate from the relationship that has been created between author and his work and can be considered as “Authors moral rights”
• The berne convention has its own importance in the international copyrights law and article 6bis of the convention enjoins the members of convention to give legal recognition for the moral rights.
• Section 57 of the copyrights act does not exclude the right to integrity in relation to the cultural heritage. Through section 57 it is actually possible to protect the cultural heritage of India through moral rights of the artist.
• Section 57 of the Copyrights Act, 1957 would include a right to protect the integrity of the work in relation to the cultural heritage.
Neighbouring rights
Neighbouring rights are the rights that are automatically obtained by the neighbors that means the other people involved in the copyright. Neighboring rights are the rights that are of the performers, phonogram producers, or broadcasting institutions. Neighboring rights are the exclusive rights for the performers, phonogram producers or broadcasting institutions.
The right of performers:
The right of performers is the exclusive right of the performer that includes the promotion of right of the performers without the infringement of the copyright of the author.
Right of phonogram producers:
A phonogram producer is the person who is working for the recording. The right of phonogram producers includes giving authorization and protecting their rights. The right to protect their phonogram and etc.
Right of the broadcasting institutions:
The broadcasting institutions has the right for the other persons involved in the protecting the right of self-production, granting authorization and etc.
