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Cover Contemporary Intellectual Property

6. Copyright 5: authors’ rights, and exploitation of copyright  

This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.

Chapter

Cover Contemporary Intellectual Property

6. Copyright 5: authors’ rights, and exploitation of copyright  

This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.

Chapter

Cover Intellectual Property Law

11. Exploitation and Use of Copyright  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter examines the ways in which copyright can be exploited or transferred, with emphasis on the two most important forms of exploitation: assignment and licensing. It also discusses the transfer of copyright in the case of mortgages, bankruptcy, or death, as well as situations in which compulsory licences and voluntary licences are used to exploit copyright. In addition, the chapter considers testamentary dispositions, techniques for exploiting works that rely on the use of technological protection measures, and the role of collecting societies in copyright exploitation.

Chapter

Cover Intellectual Property Law

13. Rights Associated with Copyright  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with regimes that are related to, but fall outside of, the remit of copyright law: performers’ rights in their performances (recognized internationally and often designated as a ‘neighbouring right’ or, in the EU, a ‘related right’); database right, sometimes referred to as the sui generis database right; public lending right (that is, an author’s right to claim remuneration from a public fund, the remuneration being calculated by reference to the frequency with which a given author’s book is loaned by public libraries); rights relating to technological protection measures (‘TPMs’); rights management information (which, along with TPMs, are sometimes designated ‘para-copyright’); and the so-called droit de suite (artist’s resale royalty right, that is, the right to claim a proportion of the sale price when an artwork is publicly resold). The chapter discusses each regime in turn, considering relevant factors such as the subsistence, types of rights available, duration, infringement, exceptions, defences, and remedies.

Chapter

Cover Intellectual Property Law

4. Copyright III:Infringement, Exceptions, and Database Right  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the circumstances in which an owner’s economic rights may be infringed and the exceptions and limitations to copyright infringement, including fair dealing for research and private study, reporting current events, criticism or review, and quotation. The chapter explores recent cases relevant to these exceptions and how the UK’s departure from the EU may affect judicial interpretation and how technological protection measures interrelate with copyright exceptions. It also examines the sui generis database right.

Chapter

Cover Intellectual Property Law

7. Related rights  

This chapter addresses related rights. These are related to, but fall outside, the protection afforded by copyright law. They include performer's rights; the sui generis database right; rights relating to technological protection measures and rights management information; and the artist's resale right. Each one of these rights is specific in terms of rightholders or the subject matter concerned. The chapter then considers a related right for press publishers that is currently in the agenda of the EU Commission. Following a public consultation on the Role of Publishers in the Copyright Value Chain and on the ‘Panorama Exception’ (23 March 2016), the Commission published on September 14, 2016 a proposal for a Directive on Copyright in the Digital Single Market, which suggests granting press publishers the exclusive rights of reproduction and making their press publications available for digital use.