4 The Purpose of Copyright

There are two primary rationales for copyright law:

1. Utilitarian: Copyright is designed to provide the protections as an incentive to creators by aiming to encourage the creation of new works. This type of rationale  is more commonly associated with the common law tradition.

2. Author’s Rights: Copyright is primarily intended to ensure attribution for authors and preserve the integrity of creative works by aiming to recognize and protect the deep connection that authors have with their creative works. This type of rationale is historically identified with the civil law tradition. These rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works, first established in 1886.

Exclusive Rights Granted:

Most countries make a distinction between economic rights, which are the exclusive rights, and moral rights, which are indefinite and protect the bond between authors and their creative works The World Intellectual Property Organization defines these as:

• Economic rights: rights that allow owners to derive financial reward from the use of their works by others.
  • The exclusive right to make copies of their works (right of reproduction)
  • The exclusive right to publicly perform and communicate their works to the public, including via broadcast
  • The exclusive right to make adaptations, such as translations of their works as well as changes to the arrangements of their works
• Moral rights: rights that allow creators to take certain actions to preserve and protect their link with their work.
  • Right to be Recognized: Also known as “right of paternity”.
    
  • Right to Protect the Work’s Integrity: the right to object to distortion of or the introduction of undesired changes to the work.
    

“Copyright Law”/ Sub Unit 2 by Creative Commons  CC BY 4.0

“Copyright Basics” Wilson College LibraryCC BY SA