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East Yangon University

Department of Law

Law-634(B)
Intellectual Property Law
Ownership of Copyright

Name Thet Su San

Roll No LLM -05

Q. Discuss about the ownership of copyright and the rights of the owner.
Introduction
The owner of copyright in a work is generally, at least in the first instance, the person
who created the work, that is to say, the author of the work. There can be exceptions to this
general principle. Such exceptions are regulated by the national law. For example, the
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national law may provide that, when a work is created by an author who is employed for the
purpose of creating that work, then the employer, not the author, is the owner of the copyright
in the work. It is to be noted, however, that the "moral rights" always belong to the author of
the work, whoever may be the owner of the copyright. In many countries, copyright (with the
exception of moral rights) may be assigned. This means that the owner of the copyright
transfers it to another person or entity, who becomes the owner of the copyright. In some
other countries, an assignment of copyright is not legally possible. However, very nearly the
same practical effect as the effect of assignment can be achieved by licensing. Licensing
means that the owner of the copyright remains the owner but authorizes someone else to
exercise all or some of his rights subject to possible limitations. When such authorization or
license extends to the full period of copyright and when such authorization or license extends
to all the rights (except, of course, the moral rights) protected by copyright, the licensee is,
vis-à-vis third parties and for all practical purposes, in the same position as an owner of
copyright.
The rights of the owner
Fundamentally, copyright is a law that gives you ownership over the things you
create. Be it a painting, a photograph, a poem or a novel if you created it, you own it and it's
the copyright law itself that assures that ownership. The ownership that copyright law grants
comes with several rights that you, as the owner, have exclusively. Those right include: the
right to reproduce the work,
(a) to prepare derivative works,
(b) to distribute copies,
(c) to perform the work,
(d) and to display the work publicly.
The related rights is to protect the legal interests of certain persons and legal entities who
contribute to making works available to the public; or who produce subject matter which,
while not qualifying as works under the\ copyright systems of all countries, contain sufficient
creativity or technical and organizational skill to justify recognition of a copyright-like
property right. The we law of related rights deems that the productions which result from the
activities among of such persons and entities merit legal protection in themselves,) as they are
related to the protection of works of authorship under copyright. Some laws make clear,
however, that the exercise of related rights should leave intact, and in no way affect the
protection of copyright." Traditionally, related rights have been granted to three categories of
beneficiaries:
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(a) performers,
(b) producers of phonograms and
(c) broadcasting organizations.
The rights of performers are recognized because their creative intervention is
necessary to give life to, for example, motion pictures or Dance, musical, dramatic and
choreographic works; and because they have a justifiable interest in legal protection of their
individual interpretations. The rights of producers of phonograms are recognized because
their creative, financial and organizational resources are necessary to make sound recordings
available to and the public in the form of commercial phonograms; and because of their
legitimate interest in having the legal resources to take action against unauthorized uses, be
this the making and distribution of unauthorized copies(piracy), the unauthorized
broadcasting or communication to the public of their phonograms. Likewise, the rights of
broadcasting organizations are recognized because of their role in making works available to
the public, and in light of their justified interest in controlling the transmission and
retransmission of their broadcasts.
Conclusion
In the case of engraving, photograph or portrait, where the plate or other original was
ordered by some other person and was made for valuable consideration, then the person by
whom such plate or other original work ordered shall in the absence of any agreement to the
contrary, be the first owner of the copyright.
References
WIPO INTELLECTUAL PROPERTY HANDBOOK/ WIPO PUBLICATION No. 489 (E)
ISBN 978-92-805-1291-5 WIPO 2004 Second Edition Reprinted 2008/ pg 49-50