Intellectual Property protection applies to works of human intellect and such intellect extends to scientific, artistic and literary works which are protected by copyright. In Uganda, the Law governing copyright protection is the Copyright and Neighbouring Rights Act, 2006. Copyright protects original literary and artistic works including but not limited to books, writings, manuals, music, pictures, paintings, photographs, software, and fine-arts, and derivative works of such literary and artistic works.
What is most important to note about copyrights, is that, the threshold to be met for copyright protection is `originality`. The work to be protected by copyright must have been independently created and not copied from somewhere else. Works enjoy copyright protection irrespective of their creative elements, quality or value so it is immaterial whether the work is by a professional creator or an amateur creator. As long as the work is original, then it qualifies for copyright protection.
Copyright protection is limited to the expression of ideas and not just ideas or concepts. One cannot seek copyrights over an idea or a thought that has not been implemented or expressed into an artistic or literary work. In addition to ideas, copyright does not protect facts, names, slogans or short phrases (except in some countries), and official government works like statutes.
Unlike other forms of Intellectual Property, most countries including Uganda do not require any formalities for the work to qualify for copyright protection. According to the Berne Convention for the Protection of Literary and Artistic Works 1886, Copyright protection is asserted automatically once the work is created. Some countries might require for the work to be reduced into writing, a recording or any fixation of the sort. The same applies to registration of copyright. As already noted, copyright protection is automatically asserted by the mere fact of creation.in Uganda, Registration of copyright is not mandatory as per Section 43 of the Copyright and Neighbouring Rights, Act 2006. Nevertheless, it is advisable to register your works for identification purposes, keeping evidence of ownership and maintenance of records.
Most authors and owners of copyrights choose to assert ownership and protect their works using the copyright symbol \”©\”.
In further understanding of the threshold for copyright protection, it is important to know that Copyright protection also extends to derivative works. These are simply works derived from existing works or sources (not copied). Derivative works include translations, adaptations, and arrangements of music among others. Although the right of re-production is exclusive to the owner of the copyright in the original work, derivative works will also be protected by copyright if the creator has authorisation or permission from the owner of the copyright in the original work. Failure to procure such authorisation before creating a derivative work leads to copyright infringement.
Copyright law gives the creator/author of work or the owner of the work exclusive rights over the work which rights enable him/her to control the use and commercialisation of his work. The creator or author of the work protected by copyright is not always the owner of the copyright. The copyright owner can sometimes be different from the creator or author of the work protected by copyright and the difference lies in understanding who of the two parties holds the exclusive rights over the copyrights. The copyright owner is the party who holds exclusive rights over the copyrights and has the rights to control the use and exploitation of the copyrights. Take an example of musicians who sign over their copyrights to their management, they create the music but do not have control in how such music can be exploited for commercial purposes, an employee who writes a book and the copyrights in the book are owned by his/her employer (by agreement or policy), or in transactions like acquisition when the copyrights are purchased and the creator ceases to be the owner of the work therein.
You might be wondering what rights are protected by copyright. A copyrights owner enjoys economic rights and moral rights. Economic rights include rights of reproduction – making copies of the work, rights of translation and the rights of public performance, broadcasting and making available to the public.
Moral rights include the rights of attribution or authorship – to have their name and authorship recognised and the rights of integrity to protect the integrity of the work and author
You have created your work and it is protected by copyright, you are now enjoying your economic and moral rights but how can you commercialize your copyrights to create value?
Owners of copyrights create value or commercialise their works through practicing/exploiting their economic rights in the copyrighted work by excluding others from reproducing or publishing their works or substantially similar works without authorisation. Other modes of creating value from copyrights include entering into IP transactions like licensing, assignment of copyrights, acquisition of copyrights, distribution agreements and sometimes litigation to enforce copyright infringement.
Although copyright protection accrues by the mere fact of creation, there are certain limitations or exceptions to holding copyrights. These limitations exist as a balance between the exclusivity enjoyed by copyright owners and the public that stands to benefit from the use of such works for non-commercial purposes.
There are basically two limitations/exceptions which are; free and fair uses, which are acts of exploitation of works that may be carried out without authorisation and without an obligation to compensate the owner of rights for the use for example using copyrighted work for non-commercial purposes, education purposes, news reporting, and when the work is used but is attributed to the copyright owner.
Another exception is; Non-voluntary licenses, under which the acts of exploitation may be carried out without authorisation from the owner of the copyright, but with the obligation to compensate the owner of rights. Non-voluntary licenses are authorised by law in instances where it is regarded that the public would benefit from the exploitation of a work protected by copyright. These are different from licenses arising from IP transactions authorised by the copyright owner.
Save for the two limitations/exceptions to copyright protection, using or exploiting copyrighted work without the owner`s authorisation amounts to infringement and the copyright owner can enforce civil remedies or criminal sanctions against you to deter further infringement.
In sum, copyright protection is territorial in nature and it is important to understand the scope of the national copyright laws in your country as well as International Treaties that your country might be party to, to enable you exercise and enforce your copyrights
