Digital Rights Management for Copyright Protection

March 7, 2011
Copyright ©

Digital Rights Management is a term that is used to describe the practice of using access control methods to limit the usage of digital works and products according to policies as stipulated by the manufacturers and publishers for the specific products.

The phrase ‘Digital Rights Management’ doesn’t extend to other copyright protection methods for non-digital products and as such only applies to works in digital format and the usage of digital technology as access control method.

Digital Rights Management is still a rather controversial topic with parties on the one side arguing the need for such to protect the integrity of the work, right to compensation by the creator and the right to acknowledgement.

On the other end some parties argue that the term misleads and ensures more rights and limitations of usage than the creator is entitled to. According to these groups Digital Rights Management is extremely restrictive and should rather be called Digital Restrictive Management.

Digital Rights Management is also known by the acronym of DRM. It entails several methods to prevent unauthorised usage, copying, distribution, and profiting from digital media works. One of the earliest examples of DRM can be found in the film industry where DVD Forum deployed a method called Content Scrambling as an encryption method whereby the manufacturers first had to sign licence agreements before the products could be used for decoding.

Digital satellite television companies make use of special cards which the users must purchase to have access to their broadcasts. Digital Rights Management is often used by Internet music stores to prevent unauthorised downloading and usage of music.

iTunes Store for instance, requires the purchasing of the FairPlay DRM system made by Apple for the user to listen to and use the downloaded tracks.

Contact us at Smit & Van Wyk for legal assistance regarding the setting up and implementation of such systems to protect your digital media rights.



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.



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…


Copyright Lawyers | Intellectual Property Law

September 28, 2009
Attorneys

Copyright lawyers are the lawyers who will assist you if you have any issues whatsoever regarding copyright of any of your works of the mind.

Copyright is intellectual property and may be transferred, sold, licensed or lent to another person or entity in much the same way as any other property.

However, in order that your rights are protected in the correct way, copyright lawyers should be used to draw up the appropriate agreements.

Copyright is a specialized area of intellectual property law and should there be any confusion you should consult with and take the advice of copyright lawyers.

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…


Copyright Attorney

September 28, 2009
Attorneys

A copyright attorney is an attorney who will assist you in any issues that arise from copyright infringements and who can help you to set up agreements or contracts with publishers or others who may wish to use your copyrighted work.

If, for example, you own the copyright to a novel and a film company or individual wishes to purchase the film rights, or if you have written a piece of music that a recording company wishes to use, a copyright attorney is the individual to approach.

If you have any issues or queries regarding copyright the one of our copyright attorneys will be happy to assist you.

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…