Ownership
In most countries, copyright arises automatically
upon the creation of the form of expression
by a resident and/or citizen of the particular
country who owns it as the author.
However, in countries
where registration is not required in order
to obtain copyright, it is difficult to prove
the ownership of copyright and the author may
therefore wish to fortify his position. As soon
as the subject matter has been published, the
author or his agent may execute a statutory
declaration asserting his copyright in it. Such
a statutory declaration may then be considered
prima facie proof in any proceedings of the
facts contained therein, depending on the laws
of the particular country.
Types
Of Infringement
Primary infringement is when any of the exclusive
rights of the copyright owner is done without
the permission of the copyright owner.
Secondary infringement
is the unauthorised commercial exploitation
of copies of the protected works or other subject
matter, such as by way of sale of infringing
articles and pirated copies.
Civil
Remedies / Criminal Liabilities
Infringement may give rise to civil and/or criminal
liability in your country. The relief that the
Court may grant in a civil action for infringement
of copyright may include an injunction and either
damages or an account of profits. In many countries,
the Court may also be empowered to order the
infringer to deliver up to the copyright owner
the infringing copies. The relevant criminal
penalties would however vary from country to
country.
Assignment
/ Licensing
Copyright may be assigned or licensed. The transfer
should be documented in a properly drafted written
agreement even if the laws of the particular
country do not require one.
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