Copyright
Law Explained for Small Businesses and Startups
Protection under the copyright law is for a musical, choreographically, graphic, pectoral, literary, architectural or audio-visual work. It is also available on a sound or video recording and prevents all these from being used or reproduced without the consent of the copyright owner.
After it is registered, the copyright vests in the original work of the author. Upon their choice, copyright holders can transfer the copyright to another or give consent for reuse or reproduction of the work. Otherwise, subject to numerous limitations under the copyright law, the original owner of the copyright has the sole authority to reproduce the work, create further work from the original work, publicly perform or display the work or create copies of it for selling purposes. Copyrights last for the lifetime of the original author and within certain jurisdictions, many years after the death of the copyrighted owner.
Under copyright law, one cannot protect their methods of operation, procedures, systems, concepts, ideas, discoveries or principles; they can only protect their physical representations. Only fixed work can be registered under the Copyright Act of the country and nothing unrecorded can be for example improvised performances or dances, whereas video or audio recordings of such can be copyrighted. There is a requirement of originality that means that a work needs to be an independent creation of an author. Truthfulness, lawful content, artistic merit or novelty is not a requirement for copyright registration.
Without the requisite permission of the copyright owner, no one can reproduce or copy the work, or create a new work that is based on or derived from the original work. No person or party can even sell the work or give it away to someone else until the copyright owner has granted that right or given the copy or sold it to someone, after which the owner of the copy can do whatever they wish with it. Copyright law also protects the moral rights of an author that has a copyright registered.
The doctrine of fair usage is the primary defence the accused can use to prove that he did not intend to commit copyright infringement. This doctrine allows the usage and reproduction of words for certain purposes like teaching, news reports, conducting researchers, commenting and criticisms. Fair usage is often considered as a privilege to use the content that is copyrighted in a reasonable manner without the consent of the copyright owner.
In the court of law, while deciding whether copyright infringement has occurred or not, the court and copyright lawyers would consider a number of factors. Firstly, they will look the purpose behind the copying of the work and the character behind it. Copying for educational purposes is allowed. The nature of the original work will also be scrutinised and checked whether it was for commercial reasons. Courts may also look for the amount of work that is copied or the substantiality of the content and purpose of the original work that is copied. Further, it will look at the effect the copied work would have on the market and how it will deter the original work.
Copyright Attorney , Copyright Lawyer
Protection under the copyright law is for a musical, choreographically, graphic, pectoral, literary, architectural or audio-visual work. It is also available on a sound or video recording and prevents all these from being used or reproduced without the consent of the copyright owner.
After it is registered, the copyright vests in the original work of the author. Upon their choice, copyright holders can transfer the copyright to another or give consent for reuse or reproduction of the work. Otherwise, subject to numerous limitations under the copyright law, the original owner of the copyright has the sole authority to reproduce the work, create further work from the original work, publicly perform or display the work or create copies of it for selling purposes. Copyrights last for the lifetime of the original author and within certain jurisdictions, many years after the death of the copyrighted owner.
Under copyright law, one cannot protect their methods of operation, procedures, systems, concepts, ideas, discoveries or principles; they can only protect their physical representations. Only fixed work can be registered under the Copyright Act of the country and nothing unrecorded can be for example improvised performances or dances, whereas video or audio recordings of such can be copyrighted. There is a requirement of originality that means that a work needs to be an independent creation of an author. Truthfulness, lawful content, artistic merit or novelty is not a requirement for copyright registration.
Without the requisite permission of the copyright owner, no one can reproduce or copy the work, or create a new work that is based on or derived from the original work. No person or party can even sell the work or give it away to someone else until the copyright owner has granted that right or given the copy or sold it to someone, after which the owner of the copy can do whatever they wish with it. Copyright law also protects the moral rights of an author that has a copyright registered.
The doctrine of fair usage is the primary defence the accused can use to prove that he did not intend to commit copyright infringement. This doctrine allows the usage and reproduction of words for certain purposes like teaching, news reports, conducting researchers, commenting and criticisms. Fair usage is often considered as a privilege to use the content that is copyrighted in a reasonable manner without the consent of the copyright owner.
In the court of law, while deciding whether copyright infringement has occurred or not, the court and copyright lawyers would consider a number of factors. Firstly, they will look the purpose behind the copying of the work and the character behind it. Copying for educational purposes is allowed. The nature of the original work will also be scrutinised and checked whether it was for commercial reasons. Courts may also look for the amount of work that is copied or the substantiality of the content and purpose of the original work that is copied. Further, it will look at the effect the copied work would have on the market and how it will deter the original work.
Copyright Attorney , Copyright Lawyer
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