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Copyright Faqs

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General FAQs

Have questions? Refer to the FAQs or reach out to us for assistance.

Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such. Copyright may or may not be available for a number of objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship.

As the author or creator of a copyrighted work, you possess exclusive rights that provide control over various aspects of your creation. These rights include the authority to reproduce your work in different forms, distribute copies to the public, perform it publicly, display it, and create derivative works based on the original. Additionally, you have the right to claim authorship, control the integrity of your work, and prevent others from using your name inappropriately. These rights afford you the ability to manage how your work is utilized, ensuring that you retain authority over its use, reproduction, and distribution. It's essential to note that the specific rights may vary depending on the jurisdiction, and understanding these rights helps safeguard your creative endeavors.

In the majority of countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities.

Most countries nonetheless have a system in place to allow for the voluntary registration of works. Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.

Please note that Global Trademark Corp does not offer a copyright registration system or a searchable copyright database. Find out more about copyright registration and documentation systems.

In the past, certain countries mandated formalities for copyright protection, like using symbols such as ©. Today, few countries require such formalities, making the use of symbols optional. Despite this, some copyright holders still display the © symbol prominently to underscore full copyright protection, differentiating it from less restrictive licenses.

Economic rights have a time limit, which can vary according to national law. In those countries which are members of the Berne Convention, the time limit should be equal to or longer than 50 years after the creator’s death. Longer periods of protection may however be provided at the national level. Contact your national IP office to find out more or visit Global Trademark Corp to consult national legislation.

Firstly, copyright protection is automatic in all states party to the Berne Convention (refer to the question “Can I register copyright?”). Whilst there may be nuances to the particular national laws applicable in these states, in general there is a high degree of harmony. You can consult national laws and treaties using WIPO Lex.

When we consider states that are not party to the Berne Convention, you must remember that copyright laws are territorial. In other words, they apply within the country in which they were passed. As such, if you wish to protect your work internationally, you must research and make sure that you comply with the relevant legal requirements in the country(ies) in which you wish your work to be protected.

As a rights owner, you can grant others permission to use your work through licenses, which may or may not involve payment. These agreements are often called "licenses." It's advisable to seek legal advice before entering into such agreements.

If you want to license your work to entities like broadcasters, publishers, or entertainment establishments, consider joining a Collective Management Organization (CMO). CMOs oversee work usage, negotiate licenses, and collect fees on behalf of creators and publishers. This is especially beneficial in fields like music and literature where numerous users may make obtaining individual authorizations challenging.

Before taking action, carefully assess whether the reproduction constitutes copyright infringement, considering limitations and exceptions. If infringement is identified, try to identify the responsible party. If informal resolution is impractical, legal remedies can be sought from a court or authority.

Typically, a civil court can handle claims for compensation and injunctions to halt or prevent further infringement. However, it's often advisable, and sometimes mandatory in certain states, to send a formal notification to the alleged infringer before pursuing legal action. This notification requests the cessation of infringement and/or compensation.

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