Economic Rights

Economic rights enable the author to earn from the work. The five rights in LIAW Articles 20-25 are independent of each other: assigning one does not automatically assign the others.

The Five Economic Rights

• Adaptation (Article 21): Creating derivative works such as translations, adaptations or arrangements.
• Reproduction (Article 22): Reproducing the original or copies in any form, directly or indirectly, temporarily or permanently.
• Distribution (Article 23): Distributing the original or copies by sale, rental or otherwise.
• Performance (Article 24): Presenting the work to the public by reading, playing, performing or by devices.
• Communication to the public (Article 25): Transmission by broadcasting, satellite, cable or the internet, including making the work available at a time and place chosen by users.

Assignment and Licensing

Economic rights may be assigned or licensed. Under LIAW Article 52, such contracts must be in writing and must list the rights concerned individually. Licences may be simple or exclusive; see Licence Agreement.

In works created by employees in the course of their work, economic rights are generally exercised by the employer; see Author of a Work.

Limitations

Economic rights are not unlimited. The law provides certain free uses such as quotation, reproduction for personal use, education and news reporting. These exceptions are interpreted narrowly.

Infringement

• Declaration, cessation and removal of infringement
• Material and moral damages
• Up to three times the contractual fee or market value (LIAW Article 68)
• For online infringement, the procedure in LIAW Additional Article 4: the content provider is first asked to stop the infringement within three days; if this fails, an application is made to the public prosecutor.
• Criminal sanctions (LIAW Article 71)

Economic rights last for seventy years after the author’s death; for moral rights see Moral Rights.