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 publisher. 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.
What is eligible for Copyright protection?
(a programme signal which passes through a satellite)
Published Editions of Books
(usually the first print of a literary or musical work)
(instructions directing the operation of a computer)
(eg. novels, poems, textbooks, letters, reports, lectures, speeches)
(eg. paintings, sculptures, drawings, photographs)
Cinematograph Films / Videos
(electromagnetic transmissions intended for reception by the public)
This depends on the type of work that has been created. Generally, the term of copyright is 50 years, subject to the following:
50 years from the end of the year in which the recording is first published.
50 years from the end of the year in which the broadcast first takes place.
50 years from the end of the year in which the signals are emitted to a satellite.
Published Editions – 50 years from the end of the year in which the edition is published.
Literary, Musical or Artistic Works
Copyright exists for the life of the author plus 50 years following death, calculated from the end of the year the author died in or 50 years from the date of first publication, performance in public, offering for sale of records thereof or the broadcasting thereof , whichever is later.
Films and Photographs – 50 years from the end of the year in which the work is made publicly available, or the end of the year in which the work is first published, whichever is longer, or fifty years from the end of the year in which the work is made.
Intellectual Property in Africa
Smit & Van Wyk Intellectual Property services spans across the entire African continent. Patent, PCT National Phase applications and Trade Mark filings in most African countries, OAPI and ARIPO.
ARIPO and OAPI
Many African countries form part of ARIPO or OAPI allowing for the filing of only one application to obtain protection in multiple territories. These regional systems reduce the administrative burden of those countries and support a better output of the relevant laws.
ARIPO Patent Filings ARIPO Patents Smit & Van Wyk Intellectual Property law firm specialises in Patent and PCT National Phase filings for ARIPO (African Regional Intellectual Property Organization). ARIPO is an intergovernmental organisation for English-speaking African countries which...
Mauritius Trade MarksTrademark registration in Mauritius Mauritius trade marks recognise the goods and services classes from the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trade marks are valid for 10 years from the filing date and renewable for...
Public Domain Works Public domain works refers to intellectual property that is not owned by anyone. The term indicates that these properties are therefore “public”, and available for anyone to use. The public domain can be defined in contrast to copyright, trademarks or patents. Furthermore, the...
It is not necessary to formally submit copyright applications in order to receive copyright protection. Copyright exists automatically in force of creation. In other words, as soon as the qualifying work is written or recorded on some physical medium, its author is automatically entitled to...
How to protect your CopyrightHow to protect your copyright in South Africa as in many other countries, copyright does not need to be registered. Unlike patents, trademarks and designs, the rights associated with copyright rest in the author of a work once the work is created in a material form....
Smit & Van Wyk, Inc. is an intellectual property law firm located in South Africa. Our copyright attorneys have experience dealing with copyright and trademark related issues. With advances in technology, copyright infringement is increasing, so our copyright attorneys are not only able to...
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...
What is Copyright? A copyright is an exclusive right granted to an author of original work for a limited period of time. For a work to be eligible for copyright protection, it must be original and be reduced to material form. In South Africa all these works are automatically protected by copyright...
Copyright Photographs When it comes to the protection and ownership rights of a photograph, there is still a lot that can be done in South Africa. It is not possible to register copyright photographs in South Africa. Unlike other forms of intellectual property, copyright vests in the photographer...
New Trade Mark Law: EthiopiaImportant Notice regarding Ethiopia Trade Marks: Owners of Trade Marks that are already registered in Ethiopia will be required to file new applications no later than 24 June 2014. The Trade Mark Registration and Protection Proclamation was published in Ethiopia in 2006...