How to Register a Copyright?
September 19, 2011
Intellectual Property News
Copyright is different from other forms of intellectual property because a
COPYRIGHT DOES NOT HAVE TO BE REGISTERED in South Africa & UK.
In South Africa or the UK, once the work is created in a material form the creator / author / writer / photographer is instantly protected by copyright and may use the copyright © symbol.
Copyright in the U.S
Copyright registrations in the U.S can be filed through the United Stated Copyright Office by a copyright attorney. The cost estimate of a copyright registration in the US ranges from US$ 50.00 to US$ 200.00 which does NOT include any legal fees or VAT.
Feel free to contact us should you have any questions or require assistance with copyright licensing and infringement matters.
Copyright & Licensing Agreements
Owners of copyright have the right to compensation or royalties when their works are sold, copied or used.
Copyright owners can license or permanently transfer or assign their exclusive rights to others.
Contact details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Image source: www.freedigitalphotos.net
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Related Rights in Copyright
April 7, 2011
Copyright ©
Related rights as a term is used to describe rights in copyright not connected to the real author of the work. The related rights can for instance, have bearing on the rights of broadcasters and performers. Related rights also refer to the protection of the filmmaker and database creator’s rights.
As such the rights are not related to the original author, but in effect are relevant to the creation of an end product. In essence then the related rights are those rights that do not fall within the Berne Union scope, but are protected by the Rome Convention.
Numerous treaties are in place to protect related rights including the IPIC Treaty of 1989, the WPPT of 1996, and the TRIPS of 1994. A music CD is protected by means of related rights in addition to author rights. The related rights include that of the performer’s rights and producer rights. Related rights are most used when it comes to performers such as actors or musicians. The rights can also include the moral rights of the musicians or actors in addition to the economic rights as protected under the Rome Convention.
One should note that there is a difference between the right to perform a piece and the performers’ rights. The first has to do with a license agreement allowing the licensee to have a public performance of a piece while the latter entails the related rights of the performer. Performing rights entail the payment of royalties and the performer related rights entail the right to prevent reproduction of a performance, recording of a performance, and the broadcasting of a performance by the musician or actor.
Related rights being an integral part of performance based copyright protected work are complex and best explained by intellectual property attorneys.
View our range of copyright services and contact us for legal assistance today.
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Copyright Myths Exposed
April 7, 2011
Attorneys, Copyright ©
In many instances copyright infringement takes place simply because of ignorance and misconceptions. A few guidelines are provided below to help you avoid copyright infringement.
Work On The Internet Is Copyright Protected
Make no mistake most works on the Internet are copyright protected. Only if a work falls within public domain, that is the copyright has expired, then can one freely copy or use the work, but it is still necessary to cite the source. Photos on the Internet, whether on Facebook or any other medium, are copyright protected. The moment an artistic or literary work is put into tangible form, it is automatically protected by copyright.
Works Without Copyright Notices Are Still Protected
Do not make the mistake of believing that if there is no copyright notice or symbol that the work falls within public domain. Most works which are in public domain can be found in special lists and databases on the Internet. Even if there is no copyright notice, you can assume that the work is protected.
If templates are available on the Internet with a specific requirement, you must follow the terms and conditions of usage. The templates may not have copyright notices, but the authors may require that you leave the link in place and notice of authorship. If you delete such you lose the right to usage.
Adapting A Piece Of Work Doesn’t Make The Work Yours
Article rewriting if done for your own website and from your own work or for the purpose of submitting to article directories is not copyright infringement. If, however, you find an article on the Internet and decide that you like it and change it a bit to pass the copy detection tools, you are still in violation of copyright. If you refer to another’s work, the source must be cited. If you adapt or copy an article from the Internet without permission from the author it stays copyright infringement. You can use a work as inspiration, but once you start writing make sure that you create original content.
Contact us at Smit & Van Wyk Intellectual Property Attorneys for assistance regarding copyright related issues.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
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The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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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.
Copyright Articles
- Copyright for Cinematographic Film
If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application… - Copyright Infringement on the Internet
Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically… - Software Copyright
Once the computer program is created in a material form, the work is instantly subject to copyright… - Copyright in South Africa
There are two principal international copyright conventions, the Berne Convention and the Universal Copyright… - Cinematograph Films Copyright Registration
The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film… - USA Copyright Registrations
In the U.S copyright registrations can be filed through the United States Copyright… - Copyright Facts
The general rule is that the author / writer / photographer / creator is the first owner of copyright…
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Gauteng Copyright Attorneys
April 7, 2010
Copyright ©
How Gauteng copyright attorneys can assist you…
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 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 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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