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What rights does copyright law provide? |
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The author’s right includes the economic right and the moral right. The economic right, as the name suggests, gives the author the ability to exploit the work and benefit from it financially. The authorities included in the property right are the following: - The right to record the work, i.e. the right for its first integration onto a data carrier consisting the basis for its further reproduction
- Reproduction of the work, i.e. the production of one or more copies of this work
- Translation
- Adaptation, customization or other alteration
- The authority to distribute the original work
- The import of its copies that were produced abroad
- Rental and public lending
- Public performance, i.e. any performance that makes the work available to a number of people greater than close family members and immediate social environment
- Broadcasting from the radio or television
- Cable, wireless or other type of presentation to the public (broadcasting the work over the Internet)
In case someone executes any of the aforementioned without having the author’s permission, he violates the author’s economic right, regardless of whether this is done for financial benefit or not. Apart from the property right, the author also possesses the moral right, which renders the special nature of copyright law, as it includes the personal relationship that connects the author with his work. The moral right includes the moral authority for the work's publication, i.e. the authority to decide if, when and how the work will be made available to the public, the authority to recognize the authorship on the work and especially the authority to mention the author’s name on the copies of his work and in every public usage or even his right to retain his anonymity or to use an alias. The most practical authority of the moral right is the authority to maintain the integrity of the work, i.e. to prohibit any distortion, abridgement or other modification of the work. Furthermore, there is also the right of access, i.e. the authority of the author to have access to his work, even if the work’s economic right or ownership belongs to a third person, in which case access must be granted in a way that causes the minimum possible annoyance to the rightholder. Finally, the moral right also includes the moral authority of repudiation, which gives the author the right to repudiate contracts of transfer or exploitation of literary or scientific works , if this is necessary for the protection of his personality, due to changes in his beliefs or circumstances, and with the obligation to compensate the counter party for his positive damages. The peculiarity of the moral right does not lie only in the fact that it is independent from the economic right, but also in that it cannot be transferred.
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