Limitations to a Copyright Owner

Copyright grants various grants a series of rights which are exclusive in the context of the activities that author or an owner of any work may authorize or do in regard to his work. Statutes that grant copyrights to individuals provide measures that may be taken against any individuals who may in any case abuse the copyrights. However, the same statutes provide some major limitations to the exclusive rights held by an owner of a copyright.

As such, while the owner of a copyright is protected by various exclusive rights, there are some instances under which he or she can not claim an infringement of his or her rights by another individual (Thomas, 1999, p. 47). Copyrights provide the owner with the exclusive right of reproducing his or her own work. This is the core right offered by any Copyright Act and which gives the owner the mandate of making copies for distribution or sale of his or her material. As such, another individual save for the owner will commit an infringement of the rights of the owner if such an individual reproduces the work without the consent of the owner.

Still, another right covered under the copyright act is the right of an owner to prepare derivative works. In this context, the right protects the author or owner of a certain piece of unlawful derivative works in the context of his or her work. Thus it will be an infringement if a movie industry uses a novel to make a movie without the consent of the author of the novel. The same would apply when an individual or a publisher embarks on producing a translated work of a certain author without his or her consent.

However, with the rise of new technologies this has proved hard to manage as computers can and in certain cases have been used to produce new work based on past or older information (Howell, 1990, p. 78). Moreover, under the copyright, the owner has the right to distribute copies of his work either through sale, ownership transfer, lease, lending or rental services. This right as will b discussed later however has a certain limitation which grants owners of nay material certain rights over the producer or the author of such material.

Finally, copyright give the original owner or author of certain work the excusive right to perform in public or display publicly his or her own work. This however does not imply that another person cannot make proposals to make and distribute the physical copies of such work. However, if such a person goes to an extent of providing such work through online means without the consent of the original owner, then such a person is committing an infringement of the copyright.

While all this exclusive rights are available to an owner or an author of certain works under the Copyright Act, there are certain situations and circumstances which do not present an infringement of the exclusive rights and as such, which the author cannot have legal control over. These circumstances present the limitations of copyrights held any author or owner of a certain work. These exemptions to the exclusive rights have sometime been referred to as the rights of the user. Whichever the case, they represent exemptions to any legal action that would arise from the infringement of the copyright.