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What are copyright and related rights?

Copyright is the body of laws which grants authors, artists and other creators protection for their literary and artistic creations, which are generally referred to as “works”. A closely associated field of rights related to copyright is “related rights”, which provides rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are:

• performers (such as actors and musicians) in their performances;

• producers of sound recordings (for example, cassette recordings and compact discs) in their recordings; and

• broadcasting organizations in their radio and television programs.

Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, advertisements, maps, and technical drawings.

What rights do copyright and related rights provide?

photographs, sculpture, architecture, advertisements, maps, and technical drawings. What rights do copyright and related rights provide? The creators of works protected by copyright, and their heirs and successors (generally referred to as “rightsholders”), have certain basic rights under copyright law. They hold the exclusive right to use or authorize others to use the work on agreed terms. The rightsholder(s) of a work can prohibit or authorize:

• its reproduction in all forms, including printing and sound recording;

• its public performance and communication to the public;

• its broadcasting;

• its translation into other languages; and

• its adaptation, such as a novel into a screenplay for a film.

Similar rights of, among others, fixation (recording) and reproduction are granted under related rights.

Many types of works, etc., protected under the laws of copyright and related rights require mass distribution, communication, and financial investment for their successful dissemination (for example, publications, sound recordings, and films); hence, creators often transfer the rights to their works to companies best able to develop and market the works, in return for compensation, in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work).

The economic rights of copyright have a duration, as provided for in the relevant WIPO treaties, commencing upon the creation and fixation of the work, and lasting for not less than 50 years after the creator’s death. National laws may establish longer terms of protection. This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time. Related rights enjoy shorter terms, normally 50 years after the performance, recording or broadcast took place. Copyright and the protection of performers also include moral rights, which are the right to claim authorship of a work, and the right to oppose changes to the work which could harm the creator’s reputation.

Rights provided for under copyright and related rights laws can be enforced by rightsholders through a variety of methods and fora, including by instituting civil actions, pursing administrative remedies, and through criminal prosecutions. Injunctions, orders requiring destruction of infringing items, inspection orders, etc., are used to enforce rights.