Also known as: exclusive right · exclusivity
Written by attorneys · grounded in primary & secondary sources — see below
A bundle of legal entitlements secured to authors and inventors for limited times. These entitlements allow control over reproduction, distribution, public performance, public display, and preparation of derivative works of original expressions.
Select any source to read its text and confirm it supports the definition.
Evelyn Ellison creates a series of instructional videos on tax preparation. Congress enacts a statute extending the term of protection for such works. The statute is upheld as a valid exercise of authority to secure exclusive rights for authors.
Edgewater Capital records a rap parody of a popular ballad owned by Eastern Electric. The parody uses the original melody and lyrics but adds new commentary on social issues. A court finds the use transformative and denies infringement liability.
Esther Eisenberg uses a device sold by Echelon Security to record television programs for later viewing. The copyright owners of the programs sue the device maker. A court holds that private noncommercial time-shifting constitutes fair use.
Emma Erickson obtains a copy of former President Ewan Eckhart's unpublished memoirs and publishes excerpts before authorized release. The copyright owner sues for infringement. A court rules that the fair use defense does not protect the taking of the heart of an unpublished work.
Evergreen Bank manufactures a lamp whose design is copied by a competitor. The bank sues under state unfair competition law. A court holds that federal patent and copyright law preempt state claims seeking to protect unpatented designs.
Emily Ellis arranges a studio portrait session and claims copyright in the resulting photographs. A competitor reproduces the images without permission. A court recognizes the photographs as writings entitled to exclusive rights protection.
Article I, Section 8 empowers Congress to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Supporting sources
Yes. Noncommercial recording of television programs for later personal viewing qualifies as fair use under the copyright statute.
No. Federal patent and copyright law preempt state claims that seek to confer exclusive rights on unpatented designs.
…laws is Article I, §8, cl. 8, of the Constitution, which authorizes Congress to 'secure for limited Times to Authors . . . the exclusive Right to their respective Writings.' In two decisions from the late 19th century — The Trade-Mark Cases, 100 U.S. 82 (1879); and Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) — this…