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

1. 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…
2. Copyright Infringement on the Internet
   Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically…
3. Software Copyright
   Once the computer program is created in a material form, the work is instantly subject to copyright…
4. Copyright in South Africa
   There are two principal international copyright conventions, the Berne Convention and the Universal Copyright…
5. Cinematographic Films Copyright Registration
   The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film…
6. USA Copyright Registrations
   In the U.S copyright registrations can be filed through the United States Copyright…
7. Copyright Facts
   The general rule is that the author / writer / photographer / creator is the first owner of copyright…

No Comments »

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.

No Comments »

Why apply for Copyright Protection?

January 15, 2010
Copyright ©

In South Africa, like in most Berne Convention countries, copyright subsist in a qualified work, the moment that the work is created in physical form.  Therefore, no registration of copyright is necessary for copyright to subsist.

Copyright provides exclusivity to the owner thereof to perform certain acts in respect of the works. In South Africa it is advisable to add the copyright symbol before the name and year or as an alternative write the word ‘copyright’ before the name and year.

The South African Copyright Act makes provision to register copyright in cinematograph films.  The benefit of registering such copyright is that the rights that already subsist in the copyright owner is recorded at CIPRO and, should the owner thereof institute proceedings, such registration can be used as proof of such rights.

In event that copyright is not registered in cinematograph films, such rights first have to be proved during the course of the proceedings.

Copyright Articles

1. 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…
2. Copyright Infringement on the Internet
   Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically…
3. Software Copyright
   Once the computer program is created in a material form, the work is instantly subject to copyright…
4. Copyright in South Africa
   There are two principal international copyright conventions, the Berne Convention and the Universal Copyright…
5. Cinematograph Films Copyright Registration
   The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film…
6. USA Copyright Registrations
   In the U.S copyright registrations can be filed through the United States Copyright…
7. Copyright Facts
   The general rule is that the author / writer / photographer / creator is the first owner of copyright…

1 Comment »

Gauteng Lawyers

January 12, 2010
Attorneys

At Smit & Van Wyk Incorporated we pride ourselves on being leaders in the field of intellectual property.

We exclusively specialise in all matters related to this sector if the law, and provide all types of legal services that are related, including providing advice on the commercial rights attached to patents, trademarks, industrial designs and copyright, to litigation relating to each of these forms of protection. But what sets us apart from other Gauteng lawyers?

Our workforce is extremely dedicated and highly skilled in their profession.

Not only do our Gauteng lawyers possess the necessary knowledge and experience regarding the legal aspects of intellectual property, but most of them are also qualified engineers or scientists.

This ensures that they are invaluable in negotiating patents of inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology and Software.

So be sure to contact us for your intellectual property legal requirements.

No Comments »

Copyright Lawyers in Gauteng

January 12, 2010
Copyright ©

The author of an original work enjoys copyright protection on this piece of work, entitling him with the exclusive rights for a certain period of time.

This includes actions such as the publication, distribution and adaptation of the work in question. Gauteng copyright lawyers Smit & Van Wyk Incorporated can help you determine whether your work or work in your possession is protected by copyright law.

After the specified time period is over, the work is said to enter the public domain. For most media the time period has been standardised internationally, and lasts between fifty and a hundred years from the author’s death. For anonymous and corporate authorship the period can be shorter.

Gauteng copyright lawyers Smit & Van Wyk Incorporated specialises in all matters related to intellectual property, and we will gladly help you determine the validity of copyright protection, or assist with any queries you might have regarding this topic.

No Comments »