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How Can SMEs Benefit From
Copyright?
Useful Tips for Copyright
Owners
By: World Intellectual Property
Organisation (WIPO)
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If
your company is directly
involved in the so-called
“copyright industries,” e.g.
creating, publishing, recording,
distributing or selling works
protected by copyright or
related rights, you should make
sure you are aware of your
rights and take appropriate
measures to exercise,
license and enforce them.
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Either way, if you believe that
your enterprise has created
works protected by copyright or
related rights and you wish to
maximize your
SME’s rewards from such
works, it would be prudent for
you to seek the advice of your
national copyright office or of
a copyright lawyer. The
following are some of the
questions you could ask to
better understand the copyright
system in your country:
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Is there a copyright
depositary?
As a general rule, copyright
protection is automatic and does
not depend on registration. In
some countries, however, there
is a copyright depositary and
registering your work in the
depository would be a smart
choice as it would considerably
assist you in case of dispute
for example over the ownership
of the work.
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What are my rights?
The exclusive rights which are
accorded to authors and right holders under national copyright legislation vary
from one country to another. However, exclusive rights usually encompass, for
example, the right of reproduction (right of making copies), the right of public
performance, the right of broadcasting, and the right of adaptation. Also an
increasing number of countries provide right holders with rights in relation to
the distribution of their works over the Internet as well as protection against
the circumvention of technological protection measures. Thus, it would be
worthwhile finding out what rights are provided under your national copyright
legislation in order for your SME to fully benefit from the protection of
copyright and related rights. In order to facilitate legitimate trade of
copyright works, it should also be kept in mind that the economic rights granted
to authors have a time limit, according to the WIPO treaties, of 50 years after
the creator’s death. Longer periods of protection might be provided at the
national level. Collective management organizations are usually in a position to
provide appropriate information on the issue. Do also remember that copyright
protection usually includes moral rights which include the right to claim
authorship of a work and the right to oppose changes to it that could harm the
creator's reputation. |
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How do I obtain international
protection for my works?
If
the country of which you are a
national or a resident has
ratified the international
conventions in the field of
copyright and related rights
administered by WIPO, such as
the Berne Convention, or is a
member of the World Trade
Organization and has implemented
its obligations under the TRIPS
Agreement, or if you have
published your work for the
first time or at least
simultaneously in one of the
above countries, your work
protected by copyright will
benefit from automatic
protection in a large number of
countries. If this is not the
case, there may still be some
reciprocal agreements between
your country and some foreign
countries that provide similar
rights.
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How should I license my
works?
If you wish to license your work to users such as broadcasters, publishers, or
even entertainment establishments of any kind, ranging from bars to nightclubs,
joining a
collective management society may be a good option. Collective management
organizations monitor uses of works on behalf of creators and are in charge of
negotiating licenses and collecting remuneration. They are particularly common
in the field of musical and literary works where there may be a large number of
users of the same work and it would be difficult both for the owner of rights
and the users to seek specific authorization for every single use and to monitor
them. Where collective management societies are not available,
license
agreements need to be
negotiated individually with the licensee. Expert advice may be useful for
obtaining advantageous terms in the licensing contract.
How should I enforce my rights?
The creator of a work has the right
to allow or to prohibit the use of his work. If you discover anybody using your
copyright works without authorization you may enforce your rights
administratively and in the courts. In many countries, so-called border measures
to prevent the importation of pirated copyright goods are also available.
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Expert advice by an IP agent or
attorney, the Copyright Office
or the customs authorities would
be crucial whenever you discover
that your works are being
infringed (also see "What
Should Your SME do to Resolve
Disputes Related to Intellectual
Property?"). Some works such
as software products phonograms
and audiovisual works may
include technological measures
of protection (e.g. encryptions,
conditional access systems) to
safeguard them from unlicensed
use. Such systems are means by
which right owners may limit
access to those customers who
accept certain conditions for
the use of works and the payment
to be made for such use.
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Useful Tips for Your SME as a
Copyright User
are
here
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