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Exclusive Rights

Copyright Exclusive Rights Explained

Copyright exclusive rights refer to the rights owned by the copyright holder ensuring the sole usage of those rights by the person and allowing for the granting of such rights to other parties through means of licensing.

If a copyright holder provides another party with the exclusive rights to a work, the copyright holder can stipulate the duration of such rights and reserve the right to terminate such rights at a later stage.

One of the exclusive rights granted is that of the right to reproduce the author or artist’s work. Without such rights granted to for instance, the record company or the publisher, it would not be possible for the said companies to produce, market, distribute, and sell the works of the author or artist.

An author can also provide the right to reproduce an excerpt from a book or an artist can allow for a small clip of a music piece to be made available free of charge and distributed for marketing purposes.

Exclusive rights can be granted for the broadcasting, performance, or display of work for instance, a musical play or an art work in a film. The limitations of such performances and display will be stipulated in detail in the license agreement.

The right to distribution is another example of a right that the copyright owner has and for which a license agreement will be setup should a publisher or marketer want to distribute the said work.

Should you require assistance with the setting up of or interpreting an agreement for transfer of exclusive rights, contact us at Smit & Van Wyk Intellectual Property Attorneys today.




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