Copyright is a property right that exists in original literary, dramatic, artistic and musical works. Like the name suggests, copyright laws protect against unauthorised copying of a copyright work. Copyright does not protect the idea embodied in a copyright work, only the way in which that...
Under the Copyright Act 1994, a copyright owner must establish four elements in order to succeed in an infringement action. These are: There is a work in which copyright can subsist; Copyright does subsist in the work; The party seeking to enforce copyright in fact owns...
Many businesses do not realise that the shape and configuration of a product or its packaging or promotional material can be the subject of rights under the Copyright Act. Copyright can only be relied upon to protect against copying - it does not confer a monopoly....
The Copyright Act requires that copyright must be assigned in writing. It is therefore important that anything in which copyright resides is formally assigned to the appropriate owner. This is of particular relevance where businesses are bought and sold as the usual agreements used for the...
As copyright exists automatically upon the creation of a work, complications can arise concerning its ownership. A business must be able to prove ownership of copyright in order to enforce those rights. The burden of establishing ownership may be complicated in the following situations: Where the...
What is copyright? Copyright is a property right that exists in original literary, dramatic, artistic and musical works. Like the name suggests, copyright laws protect against unauthorised copying of a copyright work. Copyright does not protect the idea embodied in a copyright work, only the way...