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What is a non exclusive right?
What is the difference between exclusive and non-exclusive intellectual property rights?
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What is a non-exclusive rights agreement?
A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others. There are several differences between exclusive and nonexclusive licenses pertaining to licensees ability to sue and their written requirements.
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This page provides an introduction to the basic principles of copyright law including copyright ownership, publication, and licensing. It is not intended to be a complete reference on Canadian law regarding copyright and does not address issues relating to ownership of material created during the course of employment at the University of Alberta.
Copyright is the exclusive legal right to reproduce, publish, and sell a work. In other words, the Copyright Actprovides copyright protection to what is referred to as authors/creators. Under copyright legislation, the author/creator is the party that not only writes something, but may also take a photograph, design computer software, produce audio...
Protecting Valuable Creations
A poem, painting, musical score, performer's performance, computer program-all are valuable creations, although perhaps no one can measure their worth. Some may earn a lot of money in the marketplace and others none at all. Regardless of their merit or commercial value, Canadian law protects all original works, provided the conditions set out in the Copyright Act have been met. This means that those who own original works have rights that are protected under the Copyright Act. Simply put, the...
Protecting the Public Interest
An important goal of public policy is the enrichment of societal public interest. Canadian copyright policy ensures owners receive fair compensation for their creations for a limited period of time. The law ensures an owner's copyright interest expires with time to ensure that knowledge becomes part of the public domain. This goal is accomplished by establishing statutory limitations and exceptions on the rights of ownership. Those who use copyright works are called "users", and have rights t...
Copyright applies to every original literary, dramatic, musical and artistic work created by the author/creator using their own skill and judgment. It also applies to other subject-matter consisting of performer's performances, sound recordings and communication signals. For these, the applicable rights may differ somewhat. See the relevant section...
General Term
Generally, copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 70 years following the end of that calendar year. Therefore, protection will expire on December 31 of the 70th year after the author dies. This term was increased from life plus 50 years effective 30 December 2022, without retroactive effect. Some exceptions exist for specific types of works.
Joint Authorship
In the case of a work that has more than one author, the term will last for the remainder of the calendar year in which the last author dies, and for 70 years after that. This term was increased from life plus 50 years effective 30 December 2022, without retroactive effect.
Unknown Author
[Note: This section is under review as regards the term extension that took effect on 30 Dec 2022] In the case of a work where the identity of the author is unknown, copyright in the work shall exist for whichever is the earlier of: 1. the remainder of the calendar year of the first publication of the work, plus 50 years; or, 2. the remainder of the calendar year of the making of the work, plus 75 years.
When the term of copyright protection ends or expires, works fall into the public domain. A work in the public domain is free for everyone to use without permission or payment of royalties. In Canada, you can even modify public domain works without permission. Works in the public domain can be used free of charge and do not require written permissi...
Marking a work with the copyright symbol is not mandatory under Canadian copyright law but some other countries do require it. The marking consists of the symbol ©, the name of the copyright owner and the year of first publication. Even though not always required, marking is useful since it serves as a general reminder to everyone that the work is ...
Author/Creator
As a general rule, the author/creator is the first owner of copyright in a work. The author/creator of a work is furthermore, the only party that can sell, license or give away copyright. The author/creator can also transfer copyright in his works in its entirety or in parts. Where permission to use copyrighted material is needed, it is only the author/creator who can permit usage of his works. Thus, ownership of copyright is like a chain, with the author/creator being the first owner, theref...
Someone other than the Author
An author of a work does not always own copyright. In some cases, copyright is owned by another person (individual or other legal entity), such as the author's employer, or a book publisher. If a work was created during the course of employment, the author's employer is normally the copyright owner except when an agreement is in place to state otherwise (e.g., a collective agreement). An author may transfer ownership via an assignment of their rights, for example, in the terms of a publishing...
Performer, Maker, or Broadcaster
Where the subject matter is something other than a work, the copyright owner is usually: 1. the performer in the case of a performer's performance; 2. the maker in the case of a sound recording (person by whom the arrangements necessary for the first fixation of the sounds are undertaken); 3. the broadcaster who broadcasts the communication signal in the case of a communication signal; or, 4. any other person who has obtained ownership through an assignment.
Economic Rights
The economic rights available to owners under the Copyright Actinclude the right to produce, reproduce, publish, translate, authorize, and convert a work.
Moral Rights
There is a provision in the Copyright Act(R.S.C., Chapter C-42, Section 14), which sets out the moral rights of an author/creator. Moral rights are personal to an author/creator regardless of who owns copyright. Unless an author/creator waives his moral rights, these rights cannot be assigned. An author/creator may exercise the following moral rights as provided for in the Copyright Act: 1. Right of Paternity This right includes the right to claim authorship, the right to remain anonymous, or...
There is a difference between owning a physical object and owning its copyright. Ownership of a physical object does not include ownership of the copyright of that object. For example, the purchase of a magazine, book, photograph, map, film, or sound recording does not mean that you also own copyright of these objects. Therefore, in order to use th...
Dec 1, 2011 · What is the difference between an exclusive grant of rights and a non-exclusive grant of rights? Is there any difference between an exclusive grant and a sole grant? In this short post, I try to answer these common contract-related questions.
Define Non-Exclusive Right. means the right when along with the owner of the right another person may use the work under the relevant permission of the author, except for cases stipulated by this Law;
Non-exclusive or ordinary licences give the licensee the right to use the intellectual property, but do not restrict the rights of the licensor or other parties in any way. In other words, the licensor retains the right to license the work to third parties and to simultaneously use the rights licensed itself.
Non-exclusive licenses grant the licensee rights in the intellectual property but also allow the licensor rights to exploit the intellectual property in question – including granting licenses to other entities. In general, non-exclusive licensees face competition from other licensees.
Apr 25, 2017 · A non-exclusive licence grants the licensee the right to use the intellectual property rights, but on a non-exclusive basis. That means that the licensor can still exploit the same...
