How can one work create different kinds of copyright?
Copyright
law seeks to looks at the many different ways that a creative work
can be expressed or communicated, and reserve those expressions
to the author or copyright holder, or to some other person to whom
they might assign them.
A musical
work offers a good way to understand the many layers of copyright
protection that can exist at the same time. The music composed for
the play and movie, The Sound Of Music, would qualify as
a musical work, and would be protected from duplication, performance
or broadcast by anyone but the copyright holder. No one but the
holder of the publishing rights could copy the musical score and
sell it in a music store, for example. If someone performed that
musical work at a theatre, with permission, there would be separate
copyright in the performance. No one but the holder of those performance
rights could record that performance and sell it as a CD in a record
store. And if that performance was broadcast on television, again
with permission, further copyright in the transmission of that performance
would also be created. No one but the broadcast rights holder could
broadcast the performance on radio or television.
The
holders of publishing, performance, and broadcast rights are often
three different persons or organizations.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
December
1998 |