Companies and Intellectual Property Commission. What is Copyright A copyright is an exclusive right granted by law for a limited period to an author, designer, etc. What type of content enjoys copyright protection? Literary works e. Musical works e. Artistic works e. Cinematograph films e. Note: Ideas cannot be copyrighted. All that you need to do is download the appropriate symbol from the Creative Commons website and place it on your work, or state somewhere on the work what the exact licensing terms are.
In South Africa the term of copyright is 50 years from the end of the year in which the work was first made or in which the author dies or is presumed to have died. Only once the copyright expires does the work fall into the public domain. The public domain refers to works that are either ineligible for copyright protection or has an expired copyright on it. It is the total absence of copyright protection for a piece of work that is not owned or controlled by anyone. The term indicates that work is "public property" and available for anyone to use for any purpose.
If the work is within the public domain there is no ownership rights associated with it. It may be said that everyone and no one owns the work. Therefore, anyone may reproduce the work, distribute it, adapt it, etc. Creative Commons provides a safe, legal and free space where you can allow others to use, remix, alter, make copies of your creative works, or make use of media that is available for use and sharing, which adds value to copyright law.
By awarding different types of copyright licenses to original works you can decide how this work can be shared, copied, changed, remixed or used commercially without losing ownership of the work. Creative commons assists individuals and large companies alike a standardised way to share and grant copyright. Using and contributing to Creative Commons will ensure that there will always be a large repository of quality works in a variety of media available for legal use.
Fair Dealing is described in section 12 1 of the Copyright Act of Fair Dealing - also known as Fair Practice, allows you to copy someone's literary or musical work not a musical recording though without requiring the copyright owner's permission and without paying. You can copy as much of the work as is necessary for:. Since South Africa has no law against how much of the work you can use, you must guard against depriving the copyright owner of an income, because that will be an infringement of copyright law.
The Fair Dealing exception applies to musical works i. Under Fair Dealing, you cannot make multiple copies of a work. There is a philosophy or a pragmatic methodology called Open Source. Open Source allows for making source codes available.
The reasoning behind Open Source is to allow for improved quality, lower costs and an end to piracy. You can use, change and share the source code without permission or paying royalties.
Open Source, Fair use and Creative Commons allow for central, easy access for communities to contribute, share and change creative works. By using these copyright options you get the added benefits of using standardised, good quality creative works where due is given to the creator; trust is build and piracy loses its power. Every month UCT gets a number of take-down notices from international watchdog bodies and when this happens, ICTS is asked to trace the user who has caused the infringement.
That person will then be politely asked to stop, but if the behaviour continues, UCT must, by law, take action. In addition to any UCT disciplinary measures implemented, anyone committing copyright infringements may be liable to legal and civil prosecutions. You may think that illegal downloading and file sharing is a part of campus life, but do you really want to take the chance and jeopardise your future by incurring debt or facing a jail sentence?
You can find more information about the public domain here. There are several rules to observe in order to use clips from other films. If you want to use a film protected by copyright and you do not benefit from a copyright exception, you need to get permission from all the copyright owners. In the UK, the first copyright owners of a film are the producer and the principal director. However, other parties like distributors and funding bodies might be involved and hold some of the intellectual property rights.
Even if you get permission from all the rightsholders, you should still credit the authors of the original work by putting a banner on the clip you use or at least by mentioning them in the opening or final credits.
In using clips from other films, it will also depend on how much is being used. There are no set rules about it and it will depend on a case-by-case basis. At the same time, there are cases where copyright infringement has been established in using shorter clips.
It ultimately depends on the quality of the work taken and whether it constitutes a substantial part of the film. In films, intellectual property rights exist not only for script, images, footage and music, but also for brand names, logos, fonts, texts and designs.
This often makes the rights clearance process long and complicated. Since October , a licensing scheme allows users to apply for a licence to use orphan works for both commercial and non-commercial purposes within the UK, and an orphan works exception allows certain uses of works by UK cultural heritage institutions. You can find more information about both the licensing scheme and the orphan works exception here.
Private Showing vs. Public Showing Most movies are intended for personal, private viewing only. Protect against infringement by registering a copyright. Get started now. Related Articles. Browse by category Bankruptcy.
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