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The Role of the Copyright Attorney
The copyright attorney specialises in copyright related issues such as license agreements, publisher contracts, music contracts, assignments of rights, plagiarism, copyright infringements, and where required, registration.
The copyright attorney provides advice regarding for instance, the ownership of copyright. A photographer, journalist, writer, musician or programmer isn’t necessary the owner of rights.
With copyright being an extremely complex field within the broader scope of intellectual property rights, the guidance of a copyright attorney may become essential to avoid legal disputes and financial losses.
With copyright in South Africa, the creator of the work has specific rights. The copyright is automatically assigned once the work is put into some material form whether through a broadcast, performance, the Internet, in writing or by sculpting. It is however, required to register copyright for a cinematograph film. In some instances, a formal copyright filing will be required to protect the works already mentioned. As such you will benefit from the expertise and assistance offered by a lawyer skilled in copyright law. The lawyer will also keep record regarding the process as protection for the client against possible future infringements or rights disputes.
Although copyright registration is in most cases not required, where the client wants a paper trail for protection it can be recommended to help prove the ownership of the work. Such records for instance, will show when a work was started and completed and under which circumstances. A person who commissioned an article and gained full master reselling rights may become involved in a dispute with the creator of the work, who also sold the rights to another person. In such instances, ownership and the limits of the rights assigned will be assessed.
Whether you run an educational facility and need to know what you can copy and what not or whether you are a client requiring assistance with the review of ownership, you will benefit from the help offered by an experienced copyright attorney. Contact us at Smit & Van Wyk for assistance regarding any copyright issues.
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