Copyright, royalties, authors鈥 rights, copyright owners, rightsholders, all rights reserved鈥 so many terms!聽How are all these rights related? Is copyright a right like any other?
In this article, we explain the concepts of copyright, economic rights and moral rights.
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What do they refer to?
As a legal specialization, copyright is considered relatively complex because it encompasses a range of specific legal concepts and principles.
Copyright falls within the scope of intellectual property (IP), which concerns the right to protect content created by human minds.
While IP includes other specialized fields, such as trademarks and patents, copyright applies specifically to literary works, which in this case refers to writing in general or authorship of books, plays, films and music.
Copyright also protects other types of creative content such as software.
And, of course, copyright applies to any of the fine arts: drawing, painting, photography, video-making and sculpture.
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Defining copyright
The word 鈥渃opyright鈥 is sometimes used broadly to describe a field of law. That鈥檚 how it鈥檚 used in the title of Canada鈥檚 Copyright Act.
More often, it鈥檚 used to refer to ownership of a copyright. In that case, an individual becomes the owner of the copyright in a specific creative work and is designated as the copyright owner or rightsholder. Usually that person created the content. If the copyright has been assigned to someone else, the assignee would become the copyright owner.
At its most basic level, the word 鈥渃opyright鈥 is used simply to indicate that a document is protected by the Copyright Act and can鈥檛 be reproduced without permission from the rightsholder.
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Copyright royalties
Royalties are amounts paid to authors or other copyright owners for using their creative content. The term鈥檚 origin goes back many centuries when royal rights were granted by a sovereign.
A writer, for example, would be entitled to royalties if an excerpt from their book was published in a periodical.
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What are authors鈥 rights?
In general, authors鈥 rights refer to all the rights that creators have over their works. There are multiple rights.
Under the Copyright Act, authors are granted two types of exclusive, automatic rights: economic rights and moral rights.
Economic rights (sometimes called patrimonial rights) allow creators to make full use of their content (produce, reproduce, play, perform, etc.) or authorize a third party to use that content by setting the terms and conditions, especially for financial compensation.
Moral rights protect creators鈥 non-economic interests.
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Economic rights
Economic rights give copyright owners the exclusive power to take certain actions concerning their content as well as authorize one or more third parties to take those actions.
Economic rights give authors a monopoly on the use of their content, regardless of what form it takes. It is an exclusive right that allows authors to prohibit any infringement of their works. If they wish, they have the right to prohibit the use or application of their content. Conversely, they have the right to use the content in any way they want and to authorize others to do so. [Translation]
鈥斺Savoir juridique, Qu鈥檈st-ce que le droit patrimonial鈥?
It鈥檚 up to copyright owners to decide how their content is used. They can therefore determine the territory, timeframe, amount payable (usually as royalties) and any other conditions relating to how their works will be used.
This category of rights comprises various protected rights:
Reproduction 鈥 For example, reproducing or copying the work may not be allowed by the author, even if it鈥檚 not mentioned in the actual document.
Public performance 鈥 Plays, for example.
Recording 鈥 Songs, for example.
Distribution 鈥 Any type of content.
Translation into other languages or adaptation 鈥 For example, creating a TV script based on a literary work.
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Moral rights
Moral rights concern the non-economic aspects of copyright and are subdivided into various rights allowing authors to ensure the integrity of their content and have their authorship status recognized.
Unlike economic rights, moral rights cannot be assigned or sold to third parties.
Attribution (or authorship or paternity) 鈥 Authors have the exclusive authority to associate their name with their works; they can also choose to remain anonymous or use a pseudonym.
In concrete terms, even when distribution of part of a work has been authorized, it鈥檚 essential to name the author, whether the work is text-based, an image, a song, etc. It鈥檚 also good practice to add a link to the content creator鈥檚 site, especially if that鈥檚 where you found the content. Be sure to obtain written permission for your specific use of the work.
Integrity of the work 鈥 You鈥檙e not allowed to modify a work without the creator鈥檚 permission. There鈥檚 a permanent link between the content and its creator; this right protects the creator鈥檚 honour and reputation.
Association 鈥 You have to obtain the author鈥檚 permission before associating their creative content with a product, cause, service or institution. Any unwanted association could have an impact on the artist鈥檚 reputation.