COPYRIGHT

Copyright may be defined simply as the exclusive right to do and to authorise others to do certain acts in relation to a particular original subject matter. It is the form of expression of the ideas that is protected, and not the idea itself.

Subject Matter Of Protection

The conventional works over which the author may be given copyright protection include:

• books
• screen plays, films, scripts
  
• music scores
• paintings, sculptures, drawings, engravings or photographs, buildings or models of buildings

Other subject matter which may or may not attract copyright protection in many countries include:

Ownership

In most countries, copyright arises automatically upon the creation of the form of expression by a resident and/or citizen of the particular country who owns it as the author.

However, in countries where registration is not required in order to obtain copyright, it is difficult to prove the ownership of copyright and the author may therefore wish to fortify his position. As soon as the subject matter has been published, the author or his agent may execute a statutory declaration asserting his copyright in it. Such a statutory declaration may then be considered prima facie proof in any proceedings of the facts contained therein, depending on the laws of the particular country.

Types Of Infringement

Primary infringement is when any of the exclusive rights of the copyright owner is done without permission of the copyright owner.

Secondary infringement is the unauthorised commercial exploitation of copies of the protected works or other subject matter, such as by way of sale of infringing articles and pirated copies.

Assignment / Licensing

Copyright may be assigned or licensed. The transfer should be documented in a properly drafted written agreement even if the laws of the particular country do not require one.

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