Exclusive right
Where a natural person or legal entity via an exclusive right ( english exclusive right ), so it has the sole right over a thing or is to have sole legal owner and may also use rights grant ( § 31 para. 3 of the Copyright Act ).
If an author grants usage rights, then the purchaser of the rights ( licensee ) can exclude other persons from using them and has his own rights of defense against third parties. In this case, the author loses the authorization to grant other persons further rights of use in the manner already permitted. Such exclusive rights are usually secured through contractual penalties or injunctive relief .
Examples:
- A product may only be manufactured or sold exclusively by a single company.
- In the area of press law , if a specific newspaper or magazine has contractually granted the right to report exclusively on a specific event and / or to publish photos.
Categorization
The exclusive right is legally assigned to the area of copyright law , which is part of private law .