venerdì 23 settembre 2011

Copyright protection for various forms of writings

Protection of the tangible expressions of creative work is what copyright laws aim at. The same applies to the legal dictates adhered to in Burundi. If you are the author (sole/joint/collective/co), you enjoy certain rights over the creation. This right incorporates elements of intellectual and moral nature as well as economic character.

What is within the scope of the Decree Law? All kinds and forms of intellectual work are within the protection. This includes, but is not limited to,

• Writings like books, pamphlets, etc
• Sermons, lectures, court pleadings, etc
• Written pantomimes and choreographic works
• Dramatic works/Musical compositions
• Cinematographic works
• Photographic works
• Drawings/Sculptures/Paintings

Whether you want an official copyright for your work or want to stop unauthorized use of it, you require help from a copyright lawyer practicing in Burundi. However, before you consult with a lawyer, here is a brief overview of the matter pertaining to writings.

In case the publication is under a pseudonym, the author enjoys the rights to the intellectual property similar to those who publish in their own name. The original publisher is to represent the author until he/she reveals his/her identity.

In case of Burundi folklore, the national authority holds the copyright to these. This category encompasses all literary, artistic and scientific works by nationals inside the boundaries of the nation and passed from one generation to the next.

In case of a translation or adaptation, the Decree Law of Burundi provides copyright protection to the author(s), without any prejudice to the original work’s author. Collections, new arrangements and such others are also within this category.

In case of a joint authorship, where more than one contributes to the creation of the work, it is a joint property. Therefore, the copyright protection is available for all involved. If there is dispute regarding the exercise of these rights, the civil court decides.

In case of a composite work, i.e. where a new work incorporates a pre-existing one, the author of the new work enjoys copyright protection. However, this is subject to the rights of the pre-existing work’s author.

In case of a collective work, i.e. one edits, publishes and discloses the works of different authors in a single work; the one who discloses it under his/her name enjoys the right.

Whichever form the creation is in; you need to ensure its protection from unauthorized copy or use. This becomes easy with the help of a Burundi copyright lawyer. You can also avail legal help if there is an infringement of this right.

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