Rights Given to You by Copyright Laws

Copyright law plays a crucial role in safeguarding the creative works of individuals across all industries. Whether you’re an artist, writer, musician, or business owner, understanding copyright law and the rights it provides is essential to protecting your intellectual property (IP). Original works of authorship are valuable assets, and keeping them protected ensures that they remain in the right hands.

The copyright attorneys from Emerson Thomson Bennett will guide you through the rights granted by copyright law, their importance, and how you can protect your intellectual property. By the end, you will have a clear understanding of how copyright law impacts your creations and know when to seek legal guidance.

The Five Fundamental Rights Under Copyright Law

Copyright law grants exclusive control over creative works to their owners, providing five fundamental rights as outlined in section 106 of the U.S. Code. These rights empower creators to decide how their work is used and distributed. Below, we’ll explore each right in detail and provide real-world examples to illustrate their application.

1. Reproduction

The right of reproduction allows copyright owners to make copies or reproductions of their work. This right is foundational because it ensures that only the creator can authorize the duplication of their creation. 

Example: 

If you’re a photographer, this right ensures that your images cannot be copied and printed without your explicit permission. Whether it’s a high-resolution photograph being saved and distributed or prints of your art being sold online, reproduction rights secure your control over your creations.

2. Adaptation

The adaptation right allows copyright owners to create derivative works based on their original work. A derivative work includes modifications or transformations of the original content. 

Example: 

Authors who sell film rights to their novels often benefit from this right. For instance, turning a bestselling book into a screenplay for a movie adaptation cannot occur without the author’s consent. Similarly, software developers hold adaptation rights over modifications to their underlying code.

3. Publication

The right of publication refers to the distribution of copies or recordings of the work to the public. This right provides copyright owners control over how, when, and where the work is made available. 

Example: 

If you’re a composer and have written an original piece of music, the right of publication ensures that you decide whether your music is available on streaming platforms or published under a specific label. Unauthorized distribution would infringe on this key right.

4. Performance

Copyright law also defends the public performance of creative works. This right allows creators to control how their work is performed publicly, including plays, music, films, or other creative content. 

Example: 

For musicians, this could involve approving live performances of their compositions or granting licenses to streaming platforms for public playback. Without prior approval, such public use of their work would violate their performance rights.

5. Display

The display right ensures that copyright owners have control over the public showing of their work. This can apply to both physical displays and digital presentations. 

Example: 

Artists whose work appears in galleries or is featured on online platforms like Instagram or Pinterest rely on this right to control public presentation. Unauthorized sharing or presenting their work without permission breaches this copyright.

Taking Ownership of Your Creativity With Help From Emerson Thomson Bennett

Understanding your rights under copyright law is key to ensuring your work remains protected and your creative efforts are respected. Whether it’s preventing duplication, regulating public displays, or licensing derivative works, copyright law preserves the value and integrity of your intellectual property.

At Emerson Thomson Bennett, our mission is to help creators safeguard their work and enforce their rights. If you have concerns about protecting your work or avoiding infringement, contact us today to schedule a consultation.

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PRACTICE AREAS WE CAN HELP WITH

We provide complete intellectual property representation to business owners, inventors and artists in all matters related to the establishment and protection of domestic and international patents, trademarks and copyrights. Attorneys at our firm also serve as in-house IP counsel for companies whose needs do not call for a full-time internal position.

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