Understanding Copyright Law
What is Copyright Law
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings
What Can Be Protected Using Copyright Law?
Exhaustive lists of works covered by copyright are usually not to be found in the Acts of Parliament. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include:
- literary works such as novels, poems, plays, reference works, and newspaper articles;
- computer programs, databases;
- films, musical compositions, and choreography;
- artistic works such as paintings, drawings, photographs, and sculpture;
- architecture; and
- advertisements, maps, and technical drawings.
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.
What Rights Does Copyright Give You
There are two types of rights under copyright:
- economic rights, which allow the rights owner to derive financial reward from the use of their works by others; and
- moral rights, which protect the non-economic interests of the author.
Most copyright laws state that the rights owner has the economic right to authorize certain uses in relation to a work. They also have the right to prevent specific uses. In some cases, they can receive remuneration for the use of their work. This can occur through collective management. The economic rights owner of a work can prohibit or authorize:
- its reproduction in various forms, such as printed publication or sound recording;
- its public performance, such as in a play or musical work;
- its recording, for example, in the form of compact discs or DVDs;
- its broadcasting, by radio, cable or satellite;
- its translation into other languages; and
- its adaptation, such as a novel into a film screenplay.
Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator’s reputation
You Should Register Your Copyright
In Kenya and the majority of countries in Africa, copyright protection is automatic. This applies to countries around the world as well. According to the Berne Convention, there’s no 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. They also facilitate financial transactions and sales. Additionally, they assist in the assignment and/or transfer of rights.