12 Aug How to copyright a work?
What is copyright
Copyright is a form of protection for original literary, artistic, musical and dramatic works. This protection affords the author of the work the exclusive right to copy the work and to control the copying of the work by third parties. Notably, the work must be original to attract copyright protection. Therefore, the work must be author’s own intellectual creation.
What can be protected by copyright?
According to section 5(1) of the Copyright Act of Trinidad and Tobago, copyright is vested in the following works:
⦁ Books, pamphlets, articles, computer programs and other writings;
⦁ Speeches, lectures, addresses, sermons and other works of the same nature;
⦁ Dramatic works, dramatic- musical works, pantomimes, choreographic works and other works created for stage productions;
⦁ Stage productions of works mentioned in paragraph (c);
⦁ Musical works, with or without accompanying words;
⦁ Audio-visual works;
⦁ Works of architecture;
⦁ Works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art;
⦁ Photographic works;
⦁ Works of applied art;
⦁ Illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
How to protect your copyright?
Copyright protection is automatic once it is fixed. Therefore, no registration is required. However, there are different ways to assert copyright protection. They are as follows:
⦁ Copyright legend, for instance:
© COPYRIGHT OWNER, 2016. All rights reserved. No part of this TYPE OF WORK (manual, book etc) may be reproduced, or stored in a retrieval system without the prior permission of the copyright owner;
⦁ “Poor man’s copyright” where you mail a copy of your work to yourself; and
⦁ Statutory Declaration.
There is a new tool that can be used to assert copyright protection- WIPO Proof. This service provides a date- and time-stamped digital fingerprint of any file. Learn more at https://www.wipo.int/wipoproof/en/
How long is the term of protection for a copyrightable work?
Once copyright protection attaches, the general rule is that such protection subsists for the life of the author plus fifty years (Trinidad and Tobago). However, for collective works – created by two (2) or more persons- and audio-visual works, for example a film, the period of protection is seventy-five (75) years from the date on which the work was first published (Trinidad and Tobago).
The contents of this discussion are intended to convey general information only and not to provide legal advice or opinions. Please consult an Intellectual Property Attorney if you require legal advice.
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