COPY - RIGHT
The term Copyright can be broken into two- "Copy" and "Right" which simply means the right given to the owner of a work, which protects the work from being copied by an unauthorized person.
This defintion, if left at this stage can bring about confusion as various works can be copied. So in streamlining this right, the law brings it under Intellectual property (which has been explained as properties of the mind), as such copyright only relates to work of intellectual property.
The law further streamlines this and provides specific categories of works where this right against copying can be applied.
The categories are:
- Literary Works:
Literary Works can simply be defined as imaginative or creative writings such as books, writings, lectures, speeches etc - Artistic Works:
These can be referred to as graphic works and works of visual and performing arts such as paintings, sculptures, graphs, cartoons etc - Musical Works:
This refers to any work consisting of music/lyrics or words written to be used with music for example a sheet music, or those in form of phonerecors such as cassette, CD etc - Cinematogrpah Works:
This refers to any sequence of visual images, video films of every kind, recorded on material of any description. They are moving image material of any length for example movies, documentaries, films etc - Sound Recordings:
This refers to the fixation of a series of musical, spoken or other sounds, for example, a person singing a song or playing a musical instrument, a person reading a book or delivering a lecture. - Broadcasts:
This refers to a transmission of audio or video signals to an audience via electronic medium for example radio broadcasts, television broadcasts among others.
By reason of these categories, it explains that where you have a work under these categories, it can be protected by copyright. Emphasis on the use of the word "can" which implies that there are requirements that your work must fulfil before you can have the right which protects them from being copied by another person.
What then are these requirements? They are:
1. Originality:
This does not necessarily mean that the work should be a hundred percent original because our ideas are sometimes as a result of someone else’s work. Rather, what this demands is that the work should originate from the author and should not be copied.
2. Fixation:
Secondly, it is required that the work is fixed in a tangible form that is, in a form that it can be percieved, reproduced and accessed by others. A form in which it can be accessed by the general public and not in a secret place where people cannot access it.
It is also important to note that where you have creative work under the categories explained above, you need not register it although it is advised.
And where one copies your work without your permission or licence, it can be said that your work has been infringed (if it doesn’t fall within the exceptions of fair use) and such a person would be liable for the offence of copyright infringement.
So, in a nutshell, where you have a work that falls under the categories explained above, it is protected by copyright and where anyone uses the work without your permission or licence, such an individual would be liable for copyright infringement!
And with this, we come to the end of our discussion today, we trust you learnt a thing or two💃
See you next time, don’t forget to share and as always…
