Works excluded under South Africa copyright laws

April 7, 2010 | Copyright

The protection provided under South Africa copyright laws doesn’t extend to ideas. To be eligible for protection under South Africa copyright laws the ideas must be expressed in material form. If someone has a great idea and shares that idea with another person who then goes on to publishing it in a written format, the person who’s idea it is, will not have the copyright to the work. Material or tangible format extends to cover broadcasted, photographed, painted, drawn or composed formats as well. It is however, not possible to get copyright protection for names or titles as trademark protection applies rather than copyright protection. Public knowledge and common property cannot be protected under the South Africa copyright laws. Examples of common property are telephone directories or voter lists.

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Guidance from South Africa copyright attorneys

April 7, 2010 | Copyright

Never think that if a book is in a library and you use the library copier to copy part of the book, that you have not committed copyright infringement.  A few guidelines regarding copying are shared by South Africa copyright attorneys to help you avoid copyright infringement. Libraries and archives can only duplicate published work for reference purposes. The works cannot be put on the reserve shelves for patrons or students as the law states that work can only be copied for private use. Libraries have the right to do so for reference purposes and not to distribute information.  Even part of a book copied and distributed will constitute copyright infringement. If you need help in preventing copyright infringement at your company or educational institution contact the Smit & Van Wyk South Africa copyright attorneys.

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Pretoria copyright attorneys to assist with publishing agreements

April 7, 2010 | Copyright

As a writer you will want the benefits that come from owning copyright on your work. If however, you plan to get the work published you will have to enter into copyright and publishing agreements with the publishing house. As such you will require the assistance of Pretoria copyright attorneys such as Smit & Van Wyk. First time published authors often fall into the trap of signing agreements where all rights on the work go the publisher, with little or no scope of self marketing for the author. It is even possible to commit copyright infringement on your own work if you have signed away all the rights. Get the help of experienced Pretoria copyright attorneys such as Smit & Van Wyk for the reviewing of agreements with publishers before signing any agreements.

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Pretoria copyright lawyers for musicians

April 7, 2010 | Copyright

Pretoria copyright lawyers for musicians

More often than not people think of copyright only in terms of literary work. Copyright however, also extends to cover music. The Smit & Van Wyk team of Pretoria copyright lawyers assist musicians in reaping the benefits of their work. Songs broadcasted and performed live, should also bring income for the musicians. Unfortunately so many musicians never experience the real value of their work because their songs and compositions are performed live without them ever realizing it. As such it is vital to get in the help of Pretoria copyright lawyers to ensure that you as a musician will get the full benefits of your music work. This also applies to DJ’s who have mixed and created unique works.

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Gauteng copyright attorneys

April 7, 2010 | Copyright

How Gauteng copyright attorneys can assist photographers

A photo just as any other tangible form of art or literary work protected under Copyright Law in South Africa automatically enjoys copyright protection the moment the picture is taken and available in a tangible form. The Smit & Van Wyk Gauteng copyright attorneys can assist freelance photographers in the setting up of agreements with clients ensuring that they will reap the benefits from their work. It should be noted  that in South Africa, the person who commissioned a picture becomes the rightful owner of the picture upon payment for the picture. Helping photographers who want to display their work on the Internet or at art galleries to get the commercial benefits is part of our job. Our Gauteng copyright attorneys can help you set up client and licence agreements and also to review any publisher agreements to ensure that you retain essential rights to your work.

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Gauteng copyright lawyers

April 7, 2010 | Copyright

Guidelines provided by Gauteng copyright lawyers

As part of our commitment to client service our team of Gauteng copyright lawyers also provide consultation services.  General questions regarding copyright are answered at our blog, through articles at our website, and through full explanation pages. If however, a client requires detailed information about a specific case, we recommend that you get in contact with the Smit & Van Wyk team of Gauteng copyright lawyers. General information such as the right to assign copyrights to another party,  how copyrights differ from that of trademarks and patents, and the lifespan of copyright on a work, are answered at our site. Should you however, need assistance in reviewing an agreement or obtaining the royalties to your work, contact our experienced team of Gauteng copyright lawyers.

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Gauteng copyright Attorneys

April 7, 2010 | Copyright

Gauteng copyright Attorneys provide guidance on copyrights

Original works of creativity automatically receive copyright protection. It is however, a requirement that the works be in tangible form. Our team of Gauteng copyright Attorneys will advice you that ideas are not eligible for copyright protection since ideas are not in tangible form. With tangible form it is meant music, artwork, photos, books, articles, and broadcasts, as well as films. The team of Gauteng copyright Attorneys working at Smit & Van Wyk will help you make the most of the protection under the South African Copyright Law when it comes to setting up agreements to sign over rights to third parties. You may for instance, need to review the agreement with a music production company, publisher or art gallery before signing it as the original author or artist who needs to benefit from the commercial exploitation of your works.

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Trademark Registrations

March 19, 2010 | Law

Some of the frequently asked questions about trademark registrations are briefly answered below.

Why consider trademark registrations?

Although seemingly a lengthy process, trademark registrations help to ensure that once completed successfully that the holder of the rights will have monopoly rights over the usage of the registered marks. This will help deter others from using similar marks or marks that can confuse the consumer ensuring that you can brand your products and services. If infringement of your rights takes place, you will have the right to take legal steps against the perpetrator.

What exactly is a trademark?

It is any mark, wording, or phrase or combination of wording and a logo or a logo alone, which will distinguish your goods and services from the ones of competitors in South Africa, and internationally, if registered internationally.

Which act regulates trademarks in South Africa?

The South African Trademarks Act No. 194 of 1993 governs trademarks in South Africa.

How long is a trademark valid?

The trademark can be renewed indefinitely ensuring that a brand can have longevity.

Can a trademark be challenged on the grounds of non-usage?

Yes, if a trademark is not used for the product and class it was originally registered for over a period of time, its validity can be challenged.

Isn’t a company name a trademark?

No, company names are registered apart from trademarks and as such you will need to register your company name as a trademark if you want to have the protection that comes with it being registered as such.

Who can a person contact for more information on trademark registrations?

You can contact the lawyers of Smit & Van Wyk in South Africa regarding any issues surrounding trademarks and to help you apply for registration.

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South Africa trademark laws

March 19, 2010 | Law

Do the South Africa trademark laws extend to domain names on the Internet?

The Internet has opened a whole new minefield for copyright and trademark infringements. The South Africa trademark laws can also be applied to domain names on the Internet, provided that the domain name is a registered trademark. It is not that simple to get a domain name registered as a trademark, but it is possible. You may very well find that your domain infringes on the trademark rights of another domain name owner. If a company such as a soft drink beverage maker has a specific brand associated with its drinks the company may wish to also register their domain as a trademark to prevent any possibilities of another company using a similar name to confuse users. With no regulatory body to enforce the South Africa trademark laws on domain names, many such infringements can take place. If you need help to register your domain name as a trademark, contact our office to ensure that you succeed within the boundaries of South Africa trademark laws.

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South Africa trademark attorneys

March 19, 2010 | Law

Help from South Africa trademark attorneys on the various symbols

You may have seen the TM lettering behind a word written in superscript directly after the slogan, logo or product name. If you apply for trademark rights on a brand, through South Africa trademark attorneys, you will be advised not to use the TM lettering unless the trademark has been awarded. If the trademark has not yet been awarded through means of registration the South Africa trademark attorneys will recommend the usage of R in superscript, within a circle. This symbol is often seen on the Internet where the company will also issue a statement regarding allowable use of their product names and for referencing their product brands. If you need help in registering a trademark, make use of the experienced team of South Africa trademark attorneys at Smit & Van Wyk.

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