Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
Exclusive rights of copyright owner Edit
Copyright ownership entitles the copyright owner to:
- exercise the exclusive rights granted under Section 106;
- authorize others to exercise any of those exclusive rights; and
- prevent others from exercising any of those exclusive rights.
Distinction from ownership of material object incorporating the copyrighted work Edit
An important distinction to understand is the difference between ownership of a copyright in a work and ownership of a copy of a work. Ownership of a copy — the material object in which a copyrighted work is embodied (e.g., a book, CD or videocassette) — carries with it no interest in the copyright.
Ownership of a copyright, or any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of copyright ownership or of any exclusive rights under a copyright convey property rights in any material object.
Ownership, possession or any other attachment to or relationship with a copy of a copyrighted work (including obtaining access to it through a computer network or other service) does not entitle one to exercise any of the exclusive rights of the copyright owner (e.g., to reproduce it or to perform it publicly).