Copyrights, almost everywhere, are protected and recognized by certain legislations particularly "The Copyrights Law”. Also, most countries and jurisdictions are following the "Berne Convention” and "WIPO” (World Intellectual Property Organisation) copyrights principles. The Berne Convention, we could say, is almost the base for modern national copyright laws.
Copyrights laws are to protect the rights of authors to promote arts and science and enable authors to benefit financially from their works. As per the law, an author is the creator of a copyrightable creation, therefore, any author’s creation that meets the standards of copyright laws is protectable.
We have noticed that many authors are facing trespassing and violations from others. Legally, if someone infringes your copyright, you have legal grounds to pursue him and claim compensation for financial loss incurred.
If others are using your work without your knowledge or permission, you can stop them and receive compensation for earnings they have made from your work. The law is clear in this respect to preserve your mind intellectual creation.
On the other hand, if your work attracted others, you can carefully look into good reasonable "licensing options” to benefit from the use of your creative intellectual work. Licensing is a legal authorisation to others to use some or all of your copyrighted works. This could take the form of assignment, as copyrights are assignable, provided that any assignment shall be in a written contract.
We know that there are many acute disputes regarding such contracts and authors are urged to take care to protect the workproduct of their intelligent smart mind.
The copyright law affords copyright protection to wide range of works. The protection is given to qualifying works upon their creation and this includes originality of the work and its fixation. In other words, to qualify for the necessary protection, the work must be "original” and has been "fixed” through writing, video or any other means to save the work for others to see or hear.
In case of trespass or infringement, the copyright laws provide for civil and criminal proceedings before competent courts. Additionally, the aggrieved party, is entitled to ask for an order to prove infringement, prevention of the infringement and an order to seize the infringing products.
Copyrights, are legally protected and recognized as per local legislations and the adoption of relevant international conventions with particular reference to the "WIPO” conventions and directives.
By this legal protection coverage, all talented people are encouraged to produce new work for their benefit and to enrich other minds. The artistic work, nowadays, is very important for all minds to help in raising our culture and the standard of our living.
Dr AbdelGadir Warsama Ghalib is a corporate legal counsel. Email: awarsama@warsamalc.com