What are Background Exclusive Rights

What are Background Exclusive Rights

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What are Background Exclusive Rights

The English were the first to use copyright. Rights for copyrighted material were given by the British Parliament by the Copyright Act in 1709. Since then, many copyright conventions have been held and treaties were created to determine how rights and ownership for copyrighted material would be determined. After many years and debate, the strongest and most recognized copyright laws are the World Intellectual Property Organization (WIPO). The WIPO evolved from the Berne Convention which took place in 1886 in Switzerland.

Exclusive rights may be granted under copyright law. Exclusive rights give total control and ownership of a copyrighted material to the author and creator of a copyrighted original work. Once something is created in a tangible form, that creation has a copyright. Rights existing under copyright law give creators of a work the exclusive rights to that work. Works that can be copyrighted include:

         Songs or sound recordings

         Literary work

         Picture, sculptures and graphics

         Dramatic works

         Pantomimes and choreographic works

         Motion pictures and other audiovisual works

         Architectural works

The above works are all considered the property of their creator. While they are not properties like a house and car are someone's property, they can be just as or even more important than those properties to their creator. Once one of those works are put into a tangible medium, they are the property and copyrighted material of their creator or author. No copyright applications or forms need to be filled out to obtain a copyright.

In the past forms or a notice of copyright was needed, but that is no longer the case. Creation and the ability to see or hear the work in its complete form is all that is needed to own the exclusive rights and reap the benefits of whatever may come about from being the creator and exclusive rights owner of an original work.

Copyrights fall under the term "Intellectual Property". A person in possession of intellectual property is entitled to the financial benefits that come with being the owner of such a property. Owning intellectual property does not allow anyone except the creator of the property to profit off the property without the consent of the creator. It is also against the law to use intellectual property in a way that would prevent the creator from profiting off their work.

To use a copyrighted material in a way that would infringe upon a copyright owner's rights is known as copyright infringement. Copyright infringement can include selling copyrighted material, producing or distributing material and altering copyrighted material.

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