Copyrights, almost everywhere, are protected and recognized by certain legislations particularly “Copyright Law”. Also, most countries and jurisdictions are following the “Berne Convention” and “WIPO” principles. The Berne Convention is almost the base for modern national copyright laws.
Copyrights laws are to protect the rights of authors to promote arts and science and enable authors to benefit financially from their works. As per the law an author is the creator of a copyrightable creation, therefore, any author creation that meets the standards of copyright laws is protectable.
We have noticed, many authors are facing trespassing and violations from others. Legally, if someone infringes your copyright, you have legal grounds to pursue him and claim compensation for financial loss incurred. If others are using your work without your knowledge or permission, you can stop them and receive compensation for earnings they have made from your work. The law is clear in this respect to preserve your mind intellectual creation.
On the other hand, if your work attracted others, you can carefully investigate good reasonable “licensing options” to benefit from the use of your creative intellectual work. Licensing is a legal authorization to others to use some or all your copyrighted works. This could take the form of assignment, as copyrights are assignable provided that any assignment shall be in a written contract. We know, there are many acute disputes regarding such contracts, beware and take care.
The Copyright Law affords copyright protection to wide range of works. The protection is given to qualifying works upon their creation and this includes originality of the work and its fixation. In other words, to qualify for the necessary protection, the work must be “original” and has been “fixed” through writing, video or any other means to save the work for others to see or hear.
In case of trespass or infringement, the Copyright Laws provide for civil and criminal proceedings before competent Courts. Additionally, the aggrieved party, is entitled to ask for an order to prove infringement, prevention of the infringement and an order to seize the infringing products.
Copyrights are legally protected and recognized as per local legislations and the adoption of relevant international conventions. By this, all talented people are encouraged to produce new work for their benefit and to enrich our spirits and minds.
Dr. AbdelGadir Warsama is Principal Legal Counsel at Dr. AbdelGadir Warsama Consultancy