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What rights does a client buy from
a freelancer?
In reality the word "buy"
is a misnomer. A client purchasing work from a freelance
writer is actually licensing specific rights to use
the work in clearly defined ways. There are many types
of rights that can be licensed, as follows:
First rights: the
right to use a work for the first time.
Second rights: the
right to use a work for the second time.
Publication rights: the
right to use a work in a specific published form. "Serial"
rights refer to use in a "serial publication,"
such as a magazine or newspaper.
Territorial rights:
based on geographical area and often combined with first
rights. For example, "first Canadian rights"
means the buyer has the right to publish the work for
the first time in Canada.
Electronic rights: refers
to licensing a work for commercial use in electronic
form, e.g., on an electronic database, computer disk,
CD-ROM.
Language rights: covers
translation of a work into specific languages.
Reprographic rights: refers
to making duplicate copies of a work, such as photocopies.
Unlike the licensing rights defined
above, moral rights are normally retained by the creator
no matter who controls the copyright to the work. Moral
rights refer to the creator's right to claim authorship—or
remain anonymous—and prevent distortion and modification
of the work. Moral rights also protect a work's integrity,
preventing the work from being used in a way or associated
with a product that would jeopardize the author's reputation.
Moral rights last for the same period of time as copyright—the
creator's lifetime, plus 50 years.
If you are a freelancer,
you need to be well informed about copyright law, and
how it affects you.
If you are a purchaser
of freelance material, you need to be aware
of how copyright law in Canada works.
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