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A power of free action, i.e., a power or
privilege granted to one person by another or by authority. See:
POWER OF ATTORNEY, FRANCHISE,
CERTIFICATE, LOSS, PRINCIPAL, IMPLIED CONSENT, REMEDY, SUIT, STOCK,
LAW under "Right to Work Laws," TRADEMARK,
PATENT, LICENSE,
EQUITY, CONTRACT-RECORDING CONTRACT clause #43, CONTRACT-SONGWRITER/PUBLISHER
CONTRACT clause #34, NAME under "Name Rights," CONTRACT
under "Lease," COPYRIGHT LAW
under "Copyright," "Infringement of Copyright,"
"Exclusive Rights," and "Compulsory License."
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Aliquot Share:
An absolute fractional right or interest
in a trust. See: TRUST.
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Derivative Work Right (Adapting
Right):
The exclusive right,
granted by copyright law, to arrange, adapt, translate, abridge,
recast, transform, or modify a copyrighted work. See: RIGHT,
LICENSE under "Derivative
Work License," COPYRIGHT LAW
under "Derivative Work," and "Exclusive Rights."
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Digital Performance Right
in Sound Recordings:
An exclusive right, provided by a law enacted
on November 1, 1995, that allows a copyright owner (with certain
limitations) or his assignee, the right to publicly perform a
non-dramatic sound recording by means of digital transmissions
(such a delivery constitutes a digital phonorecord delivery via
digital transmission). These subscription transmissions include
radio and television subscription services to end user consumers
who pay to receive the digital transmissions. The copyright owner
may license subscription transmissions of such performances via
a negotiated use license. In the absence of a negotiated license,
a perspective user may obtain a compulsory license from the Register
of Copyrights and pay a compulsory license royalty fee. A portion
of these fees are subsequently allocated to the recording artist.
See: MECHANICAL LICENSE, MECHANICAL
RIGHT, MULTIMEDIA RIGHT, LICENSE
under "Performance License," "Synchronization License,"
COPYRIGHT LAW under "Compulsory
License," " Compulsory License for Phonorecords,"
"Compulsory License Fee," "Statutory Royalty,"
"Notice of Intention," "Copyright Office,"
"Copyright," "Copyright Owner," "Exclusive
Rights," "Limitations to Exclusive Rights," and
"Copyright Royalty Tribunal."
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Display Right:
The exclusive right,
granted by copyright law, to publicly display a copyrighted work.
See: RIGHT, COPYRIGHT LAW
under "Display," "Exclusive Rights," and "Limitations
to Exclusive Rights."
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Distribution Right:
The exclusive right, granted by copyright
law, to distribute copies or phonorecords of a copyrighted work
to the public by sale or other transfer of ownership, or by rental,
lease, or lending. A distribution right is a part of the publishing
right and is often licensed with other rights such as with a mechanical
right in a mechanical license. See: RIGHT,
COPYRIGHT LAW under "Exclusive
Rights," "Publishing Right," "Synchronization
Right," and "Limitations to Exclusive Rights."
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Multimedia Right:
The right, authorized by copyright law,
to reproduce and distribute a copyrighted work in multimedia form.
This right is a type of "publishing right." See: MULTIMEDIA
LICENSE, RIGHT under "Mechanical Right," "Synchronization
Right," and "Performance Right," COPYRIGHT LAW
under "Reproduction Right," "Distribution Right,"
"Exclusive Rights," "Copyright Divisibility,"
"Compulsory License for Phonorecords," "Phonorecords,"
and "Sound Recordings."
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Preemptive Right:
1) The right to first refusal. See: RIGHT under "Right of First Refusal."
2) The right given to stockholders of a
corporation to buy newly issued stock, in proportion to their
holdings, before the stock is offered to non-stockholders. See:
STOCK, RIGHT under "Right
of First Refusal."
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Print Right:
The right, authorized by copyright law,
to reproduce a copyrighted work in printed form. This right is
a reproduction right. See: RIGHT,
PRINT under "Print License,"
CONTRACT-SONGWRITER/PUBLISHER CONTRACT clause #9, COPYRIGHT LAW
under "Exclusive Rights," "Reproduction Right,"
and "Infringement of Copyright."
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Publishing Right:
The exclusive right, authorized by copyright
law, to reproduce and distribute to the public (e.g., publish
a copyrighted work in copies or phonorecord form). This includes
all fixed material objects that can be perceived, reproduced,
or otherwise communicated. "Publishing rights" are then
the combination of the two exclusive rights of reproduction and
distribution.
Foreign publishing rights are not covered by U.S. copyright law but by contract and the laws of the country where the publishing occurs.
See: ASSIGNMENT,
MUSIC PUBLISHER under
"Publishing License," RIGHT under "Print Right,"
"Distribution Right," "Reproduction Right,"
"Mechanical Right," and "Synchronization Right,"
COPYRIGHT LAW under "Copyright
Divisibility," "Transfer of Copyright Ownership,"
"Publication," "Fixed," "Phonorecords,"
"Exclusive Rights," and "First Recording Right."
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Real Estate:
The title, right or interest that a person
or entity has in real property. This is distinct from the property
itself. See: PROPERTY under
"Real Property."
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Reproduction Right:
The exclusive right, granted by copyright
law, to reproduce a copyrighted work in copies or phonorecords,
e.g., in piano copies and cassette tapes. This includes all fixed
material objects that can be perceived, reproduced, or otherwise
communicated. This right is included, for example, in a mechanical
right and synchronization right. See: SYNCHRONIZATION
RIGHT, COPYRIGHT LAW
under "Copies," "Phonorecords," "Exclusive
Rights," "Publishing Right," "Print Right,"
"Synchronization Right," "Mechanical Right,"
"First Recording Right," and "Transfer of Copyright
Ownership."
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Right to Audit:
A contract clause that entitles the licensor
the right to audit the accounting records of a licensee in order
to confirm whether or not the licensee is fulfilling the terms
of his contract. See: AUDIT,
CONTRACT-RECORDING CONTRACT clause #39, CONTRACT-SONGWRITER/PUBLISHER
CONTRACT clause #29.
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Right to Privacy:
The legal right to be let alone and not
be subject to unwarranted publicity. The extent of this privacy
protection is defined by state law. The right to privacy is separate
and distinct from the right to publicity. See: RIGHT
under "Right to Publicity," ADVERTISING,
LAW under "State Statutes," and "Federal Statutes."
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Right to Publicity:
The legal exclusive right, via state statute
or case law, of a person (or his heirs) to commercialize the character
and substance of himself. This right is separate and distinct
from the right of privacy. See: PUBLICITY,
RIGHT under "Right to Privacy," LAW under "State
Statutes," and "Federal Statutes."
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Song Rights:
The sum total of all the legal rights in a musical composition that may be sold or assigned. See: RIGHT, MUSIC, COPYRIGHT LAW under "Exclusive Rights."
The right, authorized by copyright law, to synchronize music with a moving picture and to reproduce and distribute a copyrighted work in video form. This right is also called a "video publishing right." See: SYNCHRONIZATION, SYNCHRONIZATION LICENSE, CONTRACT-RECORDING CONTRACT under clause #8, RIGHT under "Mechanical Right," COPYRIGHT LAW under "Copyright Divisibility," "First Recording Right," "Exclusive Rights," "Reproduction Right," and "Distribution Right."
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