Copyright
Ⅰ.Using and enforcing your copyright
1. Using your copyright
You decide, as a copyright owner, how you should use your copyright work. This may be allowing people to use your copyright work by granting a licence, refuse permission to use your work or market your work to try to gain rewards for your efforts.
As a copyright owner it is for you to decide how you should use your copyright work. This may be allowing people to use your copyright work by granting a licence, refuse permission to use your work or market your work to try and gain rewards for your efforts.
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all.
Copyright material is usually the result of creative skill, significant labour and or investment, and without protection, it would often be very easy for others to exploit material without paying the creator.
Most uses of copyright material therefore require permission from the copyright owner. However there are exceptions to copyright, so that some minor uses may not infringe copyright.
2. Enforcing your copyright
This section contains details of how to enforce copyright when somebody uses your work without your permission.
Copyright is essentially a private right so decisions about how to enforce your rights that is what to do when your copyright work is used without your permission, are generally for you to take.
Where your work has been used without your permission and none of the exceptions to copyright apply, your copyright is said to be infringed.
Although you do not have to, it will usually be sensible, and save you time and money, to try to resolve the matter with the party you think has infringed your copyright. In some cases it may be necessary to show the court that you have tried to solve the matter with the other party before starting court proceedings.
If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage, and to consider alternative solutions such as mediation before going to court.
One of the many organizations representing copyright owners may also be able to give you advice, or sometimes act on your behalf if you are a member.
If you do go to court, the courts can: stop that person making further infringing use of the material by granting an injunction; award the copyright owner damages; make the infringing party give up the goods to the copyright owner. Additional remedies are available for infringement on a commercial scale.
3. Alternative Dispute Resolution/Mediation
Mediation is another route that we will actively encourage. It is another way that parties can resolve their dispute.
(1) Mediation
We have launched a mediation service to help companies and individuals involved in intellectual property (IP) disputes. Information on Mediation as a form of Alternative Dispute Resolution (ADR) and our mediation service can be found on the pages below.
(2) What is mediation?
Mediation is one form of Alternative Dispute Resolution (ADR). It allows opposing parties to talk about their dispute and, hopefully, come to an agreement without the need for a court hearing. The mediator's job is not to reach a decision on the dispute but to help the parties work out possible solutions to it.
(3)Benefits of mediation
Mediation requires the agreement of both parties and allows a worldwide dispute to be settled in one course of action.
It can cover a broader range of issues than those that are the subject of the litigation.
It settles disputes more quickly.
It contributes to the more efficient use of judicial resources.
An agreement reached through Mediation can be positive for all parties involved. For example, so called "win win" results of licensing or supply contracts that the courts cannot award.
(4)How do I use mediation?
We support the use of ADR to ensure that IP disputes are settled as effectively and efficiently as possible. To this end, we have established our own Mediation Service to assist customers. We also maintain a list of mediators and facilitators so that you can choose who you want to mediate.
Ⅱ.Organizations representing copyright owners
Many groups of copyright owners are represented by a collecting society. A collecting society will be able to agree licenses with users on behalf of owners and will collect any royalties the owners are owed. In many cases a collecting society will offer a blanket licence for all the works by owners it represents, for example for music to be played in a shop or restaurant.
Ⅲ.Selling
Copyright is a form of Intellectual Property, and like any form of property it can be bought, sold, transferred, inherited, and so on. If you do decide to sell or transfer your copyright there would need to be a written, signed contract stating a transfer has taken place. This is known as an assignment.
You should note that when certain copyright material is created the creator, even if they sell their copyright the creator will still have moral rights. This provides the author/creator with the right to be identified as the author and to object to any derogatory treatment of the work.
If you have further enquires, contact us, TANNET GROUP will provide you a convenience and shortcut service.
Tannet——Global Corporate Solution Provider, Value Investment & Strategic Development.
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