There are very few South African laymen who understand or even know the term Intellectual Property, and yet any copyright attorney will tell you that the various types of intellectual property can be a very valuable asset indeed. copyright is just one of the four divisions that fall under the general heading of Intellectual Property, and there are South African attorneys who have had special training in the subject and will be only too happy to advise you on the subject.
The four general headings that fall under this collective term are (i) patents, (ii) designs, (iii) trademarks, and (iv) copyright. Attorneys will tell you that South African law protects you if you have intellectual property of any kind, but that to qualify for this protection you must first register your bright ideas. copyright is the exception to this rule as it cannot be registered. It can, however, still be enforced.
South African Intellectual Property attorneys specialize in the laws governing protection of trademarks, designs, copyright and patents, and can advise you on their protection, consequently making them valuable assets.
South African patent attorneys normally have an engineering or science qualification as well as a law degree, and have passed examinations in Intellectual Property Law, which includes copyright. There are many attorneys who do not have a science or engineering qualification, but who are members of the South African Institute of Intellectual Property.
Those attorneys that are of the latter group and who specialize in intellectual property other than patents are known as trademark attorneys. Both groups of attorneys can advise you on the laws governing South African copyright, and are bound by a code of ethics that is laid down by the Institute. Trademark attorneys can also advise you on the protection of your trademarks, designs, logos as well as the laws regulating any intellectual property.
To summarise, copyright is just one form of Intellectual Property. It differs, though, from all other types in that it is the one form of Intellectual Property that does not need to be registered. As it is not registered it is up to the owner of that copyright to institute legal action in the civil courts through a South African attorney if he believes the copyright in his literary, musical, artistic creation, or software has been infringed.
Generally speaking, any original work made by a person is eligible for copyright protection. “Original” refers to the fact that the author must have created the work through the application of his or her own creativity and labour. A qualified person refers to any South African national or resident.
You may indicate that copyright protection applies to your work by placing a © along with your name and the date at the foot of the work.
Copyright protection means that no one else may copy or use the protected work without your express permission. Copyright protection is extremely important for people who express their ideas on paper (or the like) for a living. For example, authors, poets, sculptors, artists and webmasters.
If you have any queries regarding copyright, you should seek advice of a South African Attorney
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