Copyright and its owner

[NarendZORCE]

taken from http://www.trinidadexpress.com/index.pl/article?id=87463901



Copyright and it's owner
Wednesday, July 6th 2005

By Tene A. Reece Attorney at law
The following is an edited extract on Copyright from a presentation on 'Intellectual Property' made at the Couva/Point Lisas Chamber of Commerce.

THINK for a few minutes about your favourite song, book or movie. Most probably, you know the name of the singer, the author or the producer. But did you know that each of those individuals, the singer, the author and the producer, has proprietary rights, that is, rights of ownership in the work, which rights lie in the realm of copyright.

Copyright is the intellectual property right that subsists in original literary, artistic, musical and dramatic works. Various types of works are protected by copyright. These works include books, writings, speeches, articles, newspapers, audiovisual works, architectural works, choreographic works, works of mas, paintings, photographs, sculptures, paintings, translations and databases. Related rights are the proprietary rights that subsist in performances, sound recordings and broadcasts.

Copyright is a form of intangible property. The right of ownership to the tangible medium, for example, a CD, book or DVD does not vest the user of the tangible medium with copyright. According to the German philosopher Immanuel Kant: -

"The author and the owner of the copy may both say about it with the same right: it is my book, but in a different sense. The first regards the book as writing or speech; the second only as the mute instrument that delivers the speech to him or the public, i.e. as a copy. The right of the author is however no right to the thing, namely the copy (since the owner may burn it before the author's eyes), but an innate right in his own person, that is, to prevent another from delivering to the public without his consent..."

Copyright usually vests in the author or the creator of the work. One of the exceptions to that rule is that copyright vests in the employer if the work is created in the course of employment.

The copyright owner has exclusive economic and moral rights in his work. Economic rights allow the copyright owner to control the reproduction, distribution, public performance, communication to the public and other uses of the work by any entity. In this regard, subject to certain exceptions, if a third party wishes to exercise any of the copyright owner's economic rights, the copyright owner's permission must be obtained. Moral rights include the right to be named as the author of the work, to object to any derogatory treatment of the work, to use a pseudonym or remain anonymous.

The copyright owner's permission is not required when the use is for research or private study; educational purposes; use in libraries and archives; quotation and news reporting. However, even in those circumstances only a short part of the work may be reproduced and in many cases, the source of the work and name of the author must be identified.

In Trinidad and Tobago, copyright protection is automatic. It arises as soon as an original work is created. Invariably, most entities include a notice on their work such as "© XYZ Limited, 2005. All rights reserved". However, there is no legal duty for the inclusion of such a notice.

Many industries use and create copyrighted works on a daily basis. These include the advertising sector; entertainment and music industry; motion picture and video industry; press and literature; radio and television; photography; software industry; visual and graphic arts.

Prior to using the copyrighted works of other parties, entities should consider whether the consent of the copyright owner is required for the proposed use. If you are in doubt as to whether or not permission is required, out of an abundance of caution, you should seek permission or refrain from using the material until you have clarified whether or not permission is required. If the consent of the copyright owner is necessary, the first step would be to identify the copyright owner. For example, in the case of musical works, contact the relevant collective management societies e.g. COTT or TTCO that deal with musical works or in the case of literary works, the publisher. When the rights owner is identified, a licence must be obtained prior to using the work.

Where a work is commissioned, for example, a photographer is hired to take photographs or a videographer to tape an event, copyright belongs to the creator of the work, specifically, the photographer or videographer unless there is an agreement to the contrary. Hence, an assignment of copyright should be negotiated with the creator of the work and a written agreement formalized in that regard, prior to the execution of the particular task, if you wish to exercise any rights for which the copyright owner's permission is required. Once an assignment is obtained in your favour, you would then be able to exercise all economic rights such as the reproduction of the work. Additionally, a written waiver of moral rights may be obtained from the creator of the work.

Common acts of copyright infringement include the sale of pirated works; photocopying published information for sale or distribution; plagiarism; the hosting of a public party at a venue where there is no licence from the relevant collective management society. The criminal sanctions for copyright infringement are a fine of $100,000.00 and imprisonment for 10 years or twice that penalty, where the person is convicted of an act of infringement within 5 years of a previous conviction.

Copyright and its related rights are essential for human creativity by giving creators incentives in the form of recognition and fair economic rewards. Creators of copyright works must be duly compensated so that they will continue to produce works that facilitate our interactions and make life more enjoyable. Buy or use an authentic product, not a pirated version.

Feedback: [email protected]

[mini me d import chic]

In Trinidad and Tobago, copyright protection is automatic. It arises as soon as an original work is created. Invariably, most entities include a notice on their work such as "© XYZ Limited, 2005. All rights reserved". However, there is no legal duty for the inclusion of such a notice.

i believe its copyrighted for a period of 75 years from creation- however, one must be able to prove its ownership.

the poor man copyright- mail to oneself, but never open the envelope- directed to those that can be printed e.g. songs, plays, etc, pics to- however- in this day and age with digital advances, not many people can afford to copyright every single picture-

i've noticed a new way of copyrighting pics - instead of placing copyright at the bottom right or left side of each pic- a vague water wark diagonally way through the pic- sometimes it affects the viewing of the pic- but everyone trying to take someone else's work now.
_________________


beating kris's 0 to bitch in 2.3 seconds!

[NarendZORCE]

Hi Jackie, Ainsley, Barry,

In Zorce Magazine and on Trinituner.com we strive to properly credit each of our contributors. I never like this, but I have some bad news. In today's Guardian, the Arena supplement features the story for which you requested photos, with NO credit. And while someone in the newspaper is laughing at the fact that they used our photos and it looks like that the Guardian newspaper took them, you (TTRC) are now at a disadvantage.

Although we had agreed at Rally Trinidad that the club would have free usage of our photos for the promotion of TTRC's events, it was conditional. The sole condition being that proper credit must be given. When I sent you the email with the links, I specified that "Credit should say: Photos by Devi Nath (c) Zorce Racing Magazine / Trinituner.com."

In fact, even when our photos are used in advertisements, we specify a fine print credit.

Unfortunately, this is not the first time this has happened and because this sole condition was not adhered to in any way, we will not be able to source or even buy photos from Devi again for this purpose. He is obviously very upset. I would also like to draw reference to another incident with the Guardian newspapers where they ripped off the cover photo of Zorce Issue #3 and used it as the cover of their auto supplement without fear or permission!!!

The photography of Devi Nath � if he decides to continue shooting rally events for us � will remain on Trinituner.com and in Zorce Racing Magazine and in mainstream advertising, where credit is properly given.
There are other avenues that are available for TTRC to promote itself in terms of photography, but I am sure we can all agree that Devi's photos are among the best.

We do bear in mind that our photographers were recognized at the recent TTRC Rally Trinidad afterlime but this situation is not acceptable. We expect in future that you will be an advocate for our simple cause against bigotry in the mainstream media.

best regards,

Narend.






Jackie Alexis wrote:
> Narend:
>
> Could you please edit out Ainsley's V plate .. very important ... thanks.
> Regards, Jackie
> Extension 3856
> -----Original Message-----
> From: Narend Sooknarine [mailto:[email protected]] Sent: Friday, September 22, 2006 5:33 PM
> To: Jackie Alexis
> Subject: TTRC Pictures
>
> Hi Jackie,
>
> Sorry about the delay, my internet connection was giving some trouble today.
> The files are finally uploaded. This set was taken by Devi Nath.
>
> Credit should say: Photos by Devi Nath (c) Zorce Racing Magazine / Trinituner.com
>
> Here are the links:
>
> Ainsley:
> http://www.zorce.com/shared/TTRC/Devi-TTRC-17sep06-IMG_1603.jpg
>
> Colin:
> http://www.zorce.com/shared/TTRC/Devi-TTRC-17sep06-IMG_1911.jpg
>
> Rezan;
> http://www.zorce.com/shared/TTRC/Devi-TTRC-17sep06-IMG_1844.jpg
>
> Franklyn
> http://www.zorce.com/shared/TTRC/Devi-TTRC-17sep06-IMG_1897.jpg
>
>
> Narend.
>
>
_________________
Drags, Circuit, Solodex, Rally, Karting, the Shows, the Girls, the Car you drive...
ZORCERs done know... the speed lifestyle magazine in the Islands, ZORCE
Click to hear it >> http://www.zorce.com/fortheforums/Zorce15NEW.mp3
Download & SEE iT! >> http://www.zorce.com/fortheforums/Zorce-15.mp4
...........................................................
Oh Yeah! Feel the Rush, it's like... WOW!
May the (Mass x Acceleration)-F+Z be with you...

[Princess-Kaveshla]

Hey just another useful link for anyone looking for additional copyrights...

http://creativecommons.org/
_________________
Mowgli : "Use the Zorce Princess Kaveshla!"...
Prayer works. Just do it.

[Princess-Kaveshla]

So btw- what was the reply on that letter?
_________________
Mowgli : "Use the Zorce Princess Kaveshla!"...
Prayer works. Just do it.

[NarendZORCE]

From TTRC PRO, Jackie Alexis and Barry McKenzie TTRC


Good afternoon everyone:

I do apologise ... I did send the credits to all the newspapers ... Newsday
posted the credits ... I just spoke with the AGM, Operations of the Guardian
who directed me to send an email complaint ... I also will be speaking with
the Express Sports editor tomorrow .. all of which with the objective to
eliminate any more unfortunate recurrences ...

I also spoke with Devi and while I understand why he is upset, I would like
the trinituner and zorce fellas to take note that this is not a negation of
promises by the TTRC or rather .. me , because Narend, Devi and I spoke on
this at some length ... I always remit the information but I do not have
control over what they print ...

But I agree with Barry, I will discourse again in the spirit of camaraderie
and symbiosis with the objective of resolution ...


Regards, Jackie
Extension 3856

-----Original Message-----
From: Barry Mckenzie [mailto:[email protected]]
Sent: Wednesday, September 27, 2006 2:42 PM
To: 'Narend Sooknarine'; Jackie Alexis; 'Ainsley Lochan'
Cc: 'Devi Nath'; 'Duane Boodasingh'; 'Ryan Ramsaran'
Subject: RE: TTRC Pictures used in the Arena

Hi all,
I do apologize to all as its seems to be a real problem in getting the
newspaper to add the credits
We send to all the media the credits that we all agree should be given to
the Photographer whose photos we used for the article.
I think Jackie we should forward this email to the various persons that you
deal with so they can understand a bit more about the relationship we share
with the Trinituner Guys who support us.
The Credits are always sent in our article however Narend might be right in
that they want the masses to assume it's the Newspaper's photographers doing
the work.

It is very important that we get these photos for our releases and the
further development of our beloved Motorsport I don't know how we can ensure
that they place the credits since we have control on the final article that
they publish

Barry
_________________
Drags, Circuit, Solodex, Rally, Karting, the Shows, the Girls, the Car you drive...
ZORCERs done know... the speed lifestyle magazine in the Islands, ZORCE
Click to hear it >> http://www.zorce.com/fortheforums/Zorce15NEW.mp3
Download & SEE iT! >> http://www.zorce.com/fortheforums/Zorce-15.mp4
...........................................................
Oh Yeah! Feel the Rush, it's like... WOW!
May the (Mass x Acceleration)-F+Z be with you...

[NarendZORCE]

Basically they are going to explain clearly to the newspapers what the arrangements are and if credits are not given we will bill TTRC and they will bill the newspapers.

It seems that this time the Guardian chose to omit the credits. TTRC also tried to include a thank you/credit in the main story about the event and apparently the editors took it out saying it was not news.

It is my opinion that the newspapers do this deliberately to make it seem as if they are the ones covering the events. Newsday was the only one that gave proper credits this time� that made Devi feel alot better.
_________________
Drags, Circuit, Solodex, Rally, Karting, the Shows, the Girls, the Car you drive...
ZORCERs done know... the speed lifestyle magazine in the Islands, ZORCE
Click to hear it >> http://www.zorce.com/fortheforums/Zorce15NEW.mp3
Download & SEE iT! >> http://www.zorce.com/fortheforums/Zorce-15.mp4
...........................................................
Oh Yeah! Feel the Rush, it's like... WOW!
May the (Mass x Acceleration)-F+Z be with you...