Copyright protects creative expression that has been reduced to tangible form, such as a book, piece of recorded music, computer program, screenplay, painting, photograph, or motion picture. It is the right of literary or/and artistic work as acknowledged and sanctioned by a positive law. The Copyright Ordinance, 1962 protect certain literary and artistic work in Pakistan, the law also recognized Berne Convention. An incorporeal, intangible, right granted by these statutes to the author or creator of certain literacy or artistic creations, whereby he is invested for a limited period, with the sole and exclusive privilege of reproducing copies of the same and distributing and selling them. Enthusiastic and expert team of copyright attorneys and consultants atÂ ZAHID LA-LLPÂ in Pakistan possesses extensive experience in filing applications, registering and securing your copyrights against infringer and counterfeiters.
AtÂ ZAHID LA-LLP, our copyright attorneys have extensive experience in helping clients file for copyright protection, and work proactively to identify ownership issues before they arise. In addition to counselling, our clients on the registration of original works of authorship, we can assist them in establishing systems for policing and enforcing their copyrights through law enforcement agencies.
What is copyright & related rights?
CopyrightÂ is a right recognized by the law of a country that award the author/creator of original work exclusive rights for its use and dispersal. This is customarily only for a limited period. The exclusive privileges are not absolute but restricted by limitations and concessions to copyright law, including fair use. A great limitation on copyright is that copyright safeguards only the original manifestation of concepts, and not the hidden ideas themselves. Copyright (or author ‘s right) is a legal expression used to define the rights that authors have over their literary and artistic works. Works included by copyright range from books, paintings, sculpture, music, and films, to advertisements, maps, databases, computer programs and technical drawings.
A closely associated field is rights related to copyright orÂ related rightsÂ that encompass rights similar or identical to those of copyright, although occasionally more limited and of smaller duration. The beneficiaries of related rights are:
- performers (such as actors and musicians) in their performances;
- producers of phonograms (for example, compact discs) in their sound recordings; and
- broadcasting organizations in their radio and television programs.
Works covered by copyright include, but are not limited to poems, novels, reference works, photographs, newspapers, plays, paintings, advertisements, databases, films, musical compositions, choreography, paintings, computer programs, drawings, sculpture, architecture, maps and technical drawings.
In this era of information, virtually some form of intellectual property law can protect all intellectual rights. Intellectual Property (IP) divides the universe intellectual creations into three major domains:
IP rights overlaps in protection with one another to some extent as shown here:
In a nutshell, copyright protects expression, trademark protects names, and patents protect ideas
What can be protected using copyright?
Exhaustive lists of works covered by copyright are commonly not to be found in legislation. Nevertheless, broadly speaking, works commonly secured by copyright throughout the world include:
- literary works such as novels, poems, plays, reference works, 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 spreads 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, conditional on whether they contain sufficient authorship.
What rights does copyright give me? What are my rights as author of a work?
There are two kinds of rights under copyright:
- economic rights, which allow the rights owner to derive financial reward from the use of his 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 allow or stop certain uses in relation to a work or, in some cases, to receive fee for the use of his work (such as 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.
Can I register copyright?
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 nevertheless have a system in place to allow for the voluntary registration of works. Such voluntary registration systems can help solve disputes over authorship/ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.
What are the benefits of protecting copyright and related rights?
Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results. By ensuring the existence and enforceability of rights, individuals and companies can more easily invest in the creation, development and global dissemination of their works. This, in turn, helps to increase access to and enhance the enjoyment of culture, knowledge and entertainment the world over, and also stimulates economic and social development.
When can the symbolÂ Â© or any other copyright notice be used?
Anyone claiming copyright on a work can use the symbol or another copyright notice to alert the public of the claim. It is not necessary to have a registration to use them but it is recommended to incorporate a copyright notice like the symbol Â© or the word â€œCopyrightâ€, followed by the name of copyright owner and year of first publication. For example,Â ZAHID LAWMAN & ASSOCIATESÂ LLP 2005.