ABSTRACT

In this chapter, we cover various aspects of “copyrights.” First, we sketch the general concept of copyrights and then outline the operational definitions of copyrights in the intellectual property rights systems of the United States of America, European Union, China, and India. Second, we elaborate the different categories of copyrightable works—literary works, musical works including any accompanying words, sound recordings, motion pictures and other audio-visual works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, architectural works, plus compilations, and derivative works. Third, we explain the works eligible and ineligible for copyright protection based on the substantive requirements of originality, work of authorship, and fixation in a tangible medium of expression and clarify the non-copyrightable works. Next, we detail the exclusive rights of a copyright holder—reproduction right, adaptation right, public distribution right, public performance right, public display right, and public digital audio transmission right—their scope and limitations, fair use doctrine, and copyright infringement. Then, we cover the subjects of copyright notice and authorship/ownership of copyrights in different contexts—such as individual works, joint works, works made for hire, collective works, anonymous works, and pseudonymous works. Finally, we explain the fundamental differences between plagiarism and copyright infringement.