November 19, 2018
Originally posted 2018-11-19 11:20:33
By Tikwiza Nkowane|www.amdlawgroup.com
A copyright defined as “a form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.”
As with all rights of protection, it is important to know whether an existing copyright exists.
The U.S. Copyright Office provides a search facility through www.copyright.gov. To conduct a search, you need to do the following:
Exclusive rights associated with ownership of a copyright protects the owner of the copyright and makes it illegal for anyone to do any of the following to the owners work without the exclusive permission from the owner:
Not all works are protected by copyright. Original works of authorship that are fixed in “a tangible form of expression” are works protected by copyright and include:
Works that are not protected by copyright include any:
This is a question that most people ask, and the answer is NO. Neither publication nor registration with the Copyright Office is required to secure copyright. Copyright exists immediately and automatically when the work is created.
Have you ever wondered why you can make copies of books, articles, photographs or diagrams? This is because there is a doctrine known as The Fair Use Doctrine, which is a limitation which allows limited copying of copyrighted works for educational and research purpose not for commercial use. Copies are allowed to be made for limited purposes and for a limited audience and time.
It is clear that any rights that are afforded federal protection, provide the owner with more safety and security for their mark, brand or work.