If your company is directly involved in what’s commonly known as the copyright industry—meaning you create, publish, record, distribute, or sell works protected by copyright or related rights—it’s crucial to ensure you understand your rights and take effective measures to exercise, transfer, or enforce them. However, even if you’re not directly related to the copyright industry, your company may still publish some works protected by copyright or related rights. Publications, advertising materials, websites, press and TV advertising programs, or marketing videos produced by your company can all be protected under copyright law.
If you believe that your company has created works protected by copyright or related rights, and you want to maximize the benefits from these works, it’s advisable to seek advice from your national copyright office or a lawyer. Here are some questions you can use to gain a better understanding of the copyright protection system in your country:
Do Copyrights Need to Be Registered? As a general rule, copyright protection is automatic and does not depend on registration. However, in some countries, copyright registration exists, and registering your work with the copyright office can be a wise step, as it may prove beneficial in case of disputes, such as ownership rights disputes.
Who Is the Rights Holder? The copyright owner of a work is typically the creator or initial author of the work. However, there are exceptions to this rule. In some countries, it seems that property rights for copyright works automatically belong to the employer/producer when the work is created by an employee, while in other countries, these rights may be transferred or assigned to the employer/producer. Therefore, it’s best to familiarize yourself with the specific regulations in your country and, if necessary, incorporate transfer-of-rights clauses into your employment contracts.
What Rights Do You Have? Exclusive rights granted to authors and rights owners under national law may vary between countries. However, these rights typically include reproduction rights (the right to make copies), public performance rights, broadcasting rights, and adaptation rights. Additionally, many countries have recognized rights related to the distribution of works online and protection against circumvention of technological protection measures. Therefore, identifying which rights are granted by national copyright law is essential for allowing your business to fully benefit from copyright and related rights protection.
How Can You Obtain International Protection for Your Work? If you are a citizen or resident of a country that has ratified international treaties related to copyright and related rights administered by WIPO, such as the Berne Convention, or if your country is a member of the World Trade Organization and has fulfilled its obligations under the TRIPS Agreement, your copyrighted works will benefit from automatic protection in a significant number of countries (over 150). If your country is not a member of international copyright treaties, there may still be bilateral agreements between countries, granting similar rights.
How Should You License Your Work? If you intend to license your work to others, such as broadcasting organizations, publishers, or even entertainment venues, from bars to nightclubs, participating in collective rights management organizations can be a prudent choice. Collective management organizations act on behalf of authors to monitor the use of works and negotiate licensing and fees. These organizations are particularly prevalent in the music and performing arts sectors when there are numerous users for a single work, making it challenging for both rights owners and users to seek specific permissions for each use. In the absence of collective rights management organizations, transferring usage rights would require individual negotiations with each licensee. Seeking advice from experts can be beneficial in securing favorable terms in licensing agreements.
How Should You Enforce Your Rights? Authors of a work have the right to authorize or prohibit others from using their work. If you discover that someone is using your copyrighted work without permission, you can enforce your rights through administrative measures and legal action. In some countries, border control measures may be applied to prevent the import of copyright-infringing products. Seeking advice from intellectual property representatives or lawyers, copyright management authorities, or customs agencies will be crucial whenever you identify that your work is being infringed upon. Some works, such as computer software, sound recordings, and audiovisual works, may include technological protection measures (e.g., encryption, conditional access systems) to safeguard them against unauthorized use. These systems are tools through which copyright owners can limit access to customers who accept specific conditions for use and make payments for that usage.
