The exclusive rights of the copyright holder

The phrase "exclusive right" means that only the copyright holder is free to exercise the attendant rights, and others are prohibited from doing them without the consent of the copyright holder. Copyright is often called a "negative right", as it serves to prohibit people (eg. readers, viewers, or listeners) from doing something, rather than permit people (e.g. authors) to do something. In this way it is similar to the unregistered design right in English law and European law.

There is however a critique which rejects this assertion as being based on a philosophical interpretation of copyright law as an entity, and is not universally shared. There is also debate on whether copyright should be considered a property right or a moral right. Many argue that copyright does not exist merely to restrict third parties from publishing ideas and information, and that definining copyright purely as a negative right is contrary to the public policy objective of encouraging authors to create new works and enrich the public domain.

In the United States, the terms "copyright" and "patent" do not appear in the Constitution; they are merely the forms of exclusive rights that the American legislature is constitutionally empowered to secure to accomplish the stated purpose of promoting the progress of science and useful arts (eg. according to Article I, Section 8, Clause 8: "Congress shall have Power [...] 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.").