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Copyright

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IP PROTECTION



PINTAS Intellectual Property (IP) Protection Copyright

1. What is copyright?
Copyright is a legal term used to describe the rights that creators have over their literary, artistic, musical, dramatic and sound recording works.

Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

2. What are the criteria to protect a copyright?
A work that is eligible is protected automatically upon fulfillment of the following conditions:-
  • a) sufficient effort has been expected to make the work original in character;
  • b) the work has been written down, recorded or reduced to a material form;
  • c) the author is qualified person or the work is made in Berne Convention countries or the work is first published in Berne Convention countries


3. What are the procedures to protect a copyright?
  • a) Under the Berne Convention an author's work is given automatic copyright protection on its creation.
  • b) There are no formalities to register a copyright.
  • c) In common law jurisdictions, it is possible to formalize copyright protection by way of Statutory Declarations.
  • d) In some countries, it is possible to do copyright recordation with national copyright Offices.
  • e) As protection of copyright is automatic, it is advisable to use the © symbol to notify the general public about ownership of a copyright work.


4. What is the scope of copyright protection?
Generally, owners of copyright works have the exclusive rights to control:
  • a) the reproduction of the works in any form (including photocopying, recording);
  • b) Applicationb) the performing, showing or playing to the public;
  • c) the communication to the public;
  • d) the distribution of copies to the public by sale or other transfer of ownership; &
  • e) the commercial rental to the public.


5. The duration of copyright protection
The Berne Convention stipulates that the duration of the term for copyright protection is the life of the author plus at least 50 years after his death. For some categories of works, the minimum duration is shorter. For example, the minimum term for applied art is 25 years. Movies have a minimum term of 50 years. Countries are of course free to choose a longer term of protection. Most countries have done so. Worldwide map of copyright term length is attached