Copyright

Copyright protects the expression of an idea, whether intellectual, creative or otherwise. It is the work created in material form that is protected as copyright does not protect ideas.

We are able to assist with clarifying the various rights of copyright. By working with you, your copyright lawyer affords an extra level of confidence. This gives you the space and time to create, knowing that your rights will be defended in respect of:

• Literary works
• Musical works
• Artistic works
• Cinematograph films
• Sound recordings
• Broadcasts
• Programme-carrying signals
• Published editions
• Computer programs
• Motion pictures/films

Apart from films and movies, it is not possible to register copyright. Copyright exists automatically upon the creation of a work, if it is a category of work recognised and protected by the Copyright Act. The only exception is motion pictures or films, which can be registered by contacting one of our copyright lawyers.

In order to ensure that you make your intellectual or creative effort work for you, you must maximise the benefit gained in exchange for your consent to the copyright work being used.

Our copyright lawyers specialise in the drafting of contracts required to exploit copyright successfully such as royalty agreements, software development agreements, software license agreements, film rights agreements, photography agreements, architect service agreements, graphic design agreements, freelance designer agreements and assignment agreements.

An owner of copyright can take steps against a work being copied, adapted, published, broadcast or being communicated to the public in certain other manners, as well as against other acts of exploitation as provided for in the Copyright Act , without authorisation.

Steps can also be taken against the importation, sale, rent or distribution of infringing copies where the person trading in the infringing copies is aware of the copyright infringement.

The required ‘guilty knowledge’ can be imparted to a person by issuing an infringement notice to them. Copyright infringement cases are litigated in the High Court and the relief granted may include an interdict, delivery-up of infringing material as well as damages which include damages in the form of royalty claims.

Our copyright lawyers specialise in the enforcement of copyright and can assist you with assessing and prosecuting your claim.

Marking a copyright work with the internationally recognised copyright sign (©), does not only act as a deterrent, but also serves to give notice to a potential infringer of the impending act of copyright infringement.

Adding the name of the author and the year of creation or publication in the copyright notice – which is sometimes incorrectly referred to as copyright disclaimer – can also assist with some of the evidence requirements when it comes to proving your copyright.