How does the Intellectual Property Law regulate on copyright? Is this the automatically generated right? What are the rights that the author and owner of the work receive?
What is copyright?
Copyright is the right of organizations and individuals for works created or possessed by them.
- Objects of copyright include literary, artistic and scientific works;
- Objects of copyright – related rights include performances, sound recordings, video recordings; broadcasting programs; satellite signals carrying encrypted program.
Copyright is automatically generated at the time the work is created in a certain material form. Therefore, the registration for a Certificate of copyright registration is not compulsory even though the work has been published and registered or not.
Rights enjoyed by the copyright owner
According to Articles 19 and 20 of the Intellectual Property Law, authors or owners of works are automatically protected in respect of both personal and property rights.
Personal rights under copyright
For an author who is not the owner of the work, personal rights include:
- Naming the work;
- The work is in the author’s name;
- Protecting the integrity of the work;
- Allowing or not allowing others to modify the content of the work.
For an owner who is not the author of the work, personal rights include:
- Publicizing, popularizing or permitting others to publicize or popularize the work owned by her/ him (except in cases where the author and the owner have other agreements);
- Allowing or not allowing others to use the work under his/ her ownership (except in cases where the author and the owner have other agreements).
Property rights under copyright
For an author-cum-owner of the work, the following rights shall apply:
- Entitled to royalties;
- Entitled to remuneration when the work is used; entitled to material benefits from the use of the work by others in the forms of publication, reproduction, display, exhibition, performance, broadcasting, sound recording, video recording, photographing, transforming, renting, etc.;
- Awarded for the work of which he/ she is the author.
For an author who is not the owner of the work, he/ she shall enjoy the property rights over the work he/ she created, including:
- Royalties, remuneration when the work is used;
- Awarded for the work of which he/ she is the author.
In addition, for an owner who is not the author of the work, he/ she is entitled to material benefits from the use of the work by others in the forms of publication, reproduction, display, exhibition, performance, broadcasting, sound recording, video recording, photographing, transforming, translation, renting, etc.
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