Frequently

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Welcome to our Frequently Asked Questions (FAQs) page

This section of the website is intended to answer copyright related questions from creatives and members of the public about copyright law in an FAQ format.

The answers provided to the frequently asked questions on this page should be used solely for educational purposes as it is meant to serve only as preliminary information and does not constitute legal advice. We urge members who are looking for more detailed answers to their questions or assistance that goes beyond these copyright questions and answers to contact us on our page.

WHAT IS COPYRIGHT?

Copyright is the exclusive right granted by statute to an author (an artist, writer, publisher, musician, performer, photographer, architect, film maker and sculptor) of certain works to control the use and commercial exploitation of these works. This means that you have the right to prevent others from reproducing, publishing, performing, communicating to the public, or adapting your work.

WHO BENEFITS FROM COPYRIGHT PROTECTION?

The creator of a copyright work usually referred to as the author of the work owns the copyright in the work in the first instance. However, the author is at liberty to transfer his rights to a third party. In such a case, the person who has obtained the right by transfer or other legal means becomes the owner of the copyright.

WHICH WORKS ARE PROTECTED BY COPYRIGHT LAW?

Copyright protects original creations in the literary and artistic fields expressed in a tangible form. Originality is more concerned with the manner in which the work was created and the work need not be unique or meritorious.

HOW LONG DOES COPYRIGHT PROTECTION LAST?

Copyright is the exclusive right granted by statute to an author (an artist, writer, publisher, musician, performer, photographer, architect, film maker and sculptor) of certain works to control the use and commercial exploitation of these works. This means that you have the right to prevent others from reproducing, publishing, performing, communicating to the public, or adapting your work.

CAN TWO OR MORE PERSONS SHARE COPYRIGHT IN A WORK?

Where work is created by more than one person and no particular part of the work is identified to have been made by each person, such that the work is indistinguishable, all the authors shall be co-owners of the economic rights and the moral rights relating to that work and the co-owners shall have equal rights in that work.

The copyright bargain: a balance between protection for the artist and rights for the consumer.

Robin Gross

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