Having a thorough understanding of Copyright and intellectual property law has become a necessary component of company management. Every business needs to protect its creative works. It will help in saving time from filing copyright infringement issues. This article will discuss Copyright and how is it relevant to a commercial business.
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WHAT IS COPYRIGHT?
Copyright law provides legal protection for writers, musicians, computer programmers, website designers, and other creators’ literary, artistic, dramatic, and different kinds of creations, which are often referred to as “works.” Copyright law protects a broad range of unique works, including books, periodicals, newspapers, music, paintings, photos, sculptures, architecture, films, computer programs, video games, and original databases.
WHAT COPYRIGHT OFFERS TO THE AUTHOR OF WORK
Copyright law vests an author or creator with a slew of exclusive rights over their work for a specified but relatively long period. These rights allow the author to exercise control over the commercial exploitation of his work in various ways and be compensated. Additionally, copyright law provides for “moral rights,” which safeguard an author’s character and integrity, among other things.
RELEVANCE OF COPYRIGHT IN COMMERCIAL BUSINESS
Copyright safeguards literary, artistic, dramatic or other creative aspects of a product or service, which allows the copyright holder to prohibit the other from using those original elements. Copyrights and associated rights will enable a company to:
- Control the exploitation of creative works for commercial gain:
Copyright protects the owner’s creative works, such as books, music, films, computer programs, original databases, advertising, website content, video games, sound recordings, radio and television shows, etc. Without the previous consent of the rights owner, works protected by Copyright and associated rights may not be reproduced or financially exploited by others. This exclusivity is copyrighted, and associated rights-protected works enable a company to establish and retain a durable competitive advantage in the market.
- Helps in making income:
As a property owner, the proprietor may use or disclose copyrights or related rights in work via sale, gift or heritage. There are many methods to market copyright and associated rights.
- One option is to produce and sell several copies of a copyrighted work or associated rights (e.g., picture prints);
- The next option is to sell (assign) your Copyright to someone else or a business.
- Finally, a third – frequently preferred – alternative is to let another person or business use your copyright-protected work in return for money, under terms and circumstances agreed upon.
- Helps in raise money:
Companies with the authority to hold copyright and associated rights (e.g. a portfolio of distribution rights for several movies/films) may borrow money from an institution by using a bundle of rights as collateral, allowing investors and lenders to acquire a “security interest” in the company.
- Allow copyright owner to file infringement case:
Copyright law empowers owners of copyrights to sue anybody who infringes on their exclusive rights (legally referred to as infringers) to seek monetary damages, the destruction of offending works, and reimbursement of lawyers’ costs. In the United Arab Emirates (UAE), willful copyright offenders may face criminal penalties.
1. Civil Remedies (Article 34 of the Copyright Law):
The Court of First Instance may order the following actions concerning a work that has been published or exhibited without the author’s or his successors’ written consent:
1) Prohibit the publication, exhibition, or production of work.
2) Issue a resolution authorizing the attachment of the original work or copies thereof (books, photos, drawings, shows, photographs, sound recordings, materials for broadcast, etc.)
3) The Court may also order the attachment of materials used in the republication or replication of the work if the purpose is to republish the work.
2. Criminal Remedies (Article 37-39):
1) Any individual found guilty of any acts of copyright infringement is liable for imprisonment for a minimum of two months in jail and/or a fine ranging from 10,000 to 50,000 Dirham. Nonetheless, the penalty may increase in some instances of violation.
2) The Court may issue a seizure warrant for the original and pirated copies.
3) The Court may issue an order seizing and destroying infringing products, as well as equipment and gadgets used to infringe.
- Use works owned by others:
The use of copyright-based works and related rights held by others for commercial reasons may improve your company’ worth or efficiency, including the increase in its brand value. For example, playing music at a restaurant, bar, store, or aero plane provides value to a customer’s experience when using a service or visiting a company. In many countries, the previous authorization of Copyright and related rights owners required to use music in this way. A license can obtain the owner’s permission for the use of the music for a specific purpose. Understanding copyright and associated regulations will allow you to know when and how to get an authorization. A license to use a work for a particular purpose from copyright owners or associated rights owners is frequently the most excellent method of avoiding conflicts that might otherwise lead to time-consuming, uncertain and costly litigation.
The purpose of this article is to provide a general overview of the relevance of Copyright in business. If you are looking for someone who could assist you in protecting your Copyright, HHS lawyers and legal consultants is the best option. attorneys have clear and realistic solutions to safeguard your creative work as intellectual property. To know more about copyright protection, don’t hesitate to contact for further consultation.
