How Our Copyright Infringement Services Can Help to Protect Your Intellectual Property Rights
Whether you need to protect your intellectual property rights or require assistance in taking legal steps against a party for copyright infringement, you will appreciate the expertise and services offered by IP Law Chambers regarding such in South Africa.
Copyright is an intellectual property right, but unlike in other countries such as the USA, where registration is needed, in South Africa, copyright is automatically attained once the work is produced. It is thus essential to get legal guidance in South Africa regarding the aspects of copyright, rather than relying on international sources for information.
Copyright infringement takes place when a party uses a work or commercially benefits from it, or pretends to have ownership over a copyright protected work, without the permission of the copyright owner. It is when someone copies, sells, stores, distributes, rents out, imports, or distributes copyright-protected work in any manner not given permission for by the copyright owner.
It is possible to get the rights to copy, sell, distribute, store, use, change, or adapt copyright-protected work by means of a license agreement. Various types of rights can be assigned by the owner to the license holder, including usage rights and master reseller rights. The copyright owner receives royalties from the license holder for use of the work in the authorised manner.
Should a party not get the required authorisation or uses the work in a way other than stipulated in the license agreement, it still constitutes copyright infringement. The owner of the copyright can take legal steps to stop the practice, and to gain compensation for the use and damages suffered. In this regard, the legal expertise and copyright infringement services of our team can be beneficial to the copyright owner.
Although copyright registration is not required, it is still an intellectual property matter. As such, it can be complex, and misunderstandings can lead to infringement disputes. A person, for instance, does not infringe on the rights of the copyright holder if they copy a page from a book for personal use, such as studying.
Copyright protects original works. A requirement for such protection is that of creative input. A grocery list, for example, cannot be copyright protected. However, a list of all the kings that have reigned through the ages, the time periods in which they lived, the areas where they reigned, and more, can be copyright protected. In order to make such a comprehensive list, the author must work and collect information. In addition, the author must be creative in developing an accurate list.
Copyright protection extends to music, literary works, broadcasts, computer programs, programs carrying signals, and artistic works, such as paintings, in addition to published editions and sound recordings.
Content on a website is, for instance, copyright protected. If a person simply copies photos or content from a website and uses it on another website without the permission of the copyright holder, then infringement takes place. We help clients to take the necessary legal action against such a person as part of our copyright infringement services. Also forming part of our copyright infringement services is that of ensuring that clients receive royalties for performances of their composed songs or music pieces.
The above are but a few examples of how our copyright infringement services can benefit our clients. Call on our attorneys to help you with litigation, dispute resolution, drafting of license agreements, and copyright protection as part of our extensive range of intellectual property services.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – March 2018.