Requirements For A Valid Copyright In Namibia
What is Copyright Valid?
As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form.
These are requirements for a valid copyright in Namibia
- there must be an expression of ideas in a literary, dramatic, musical or artistic work, or in subject matter other than works, such as in an audio-visual performance
- the work must be original
- the work must be recorded in a ‘material form’, for example
- written down on paper or something else
- recorded by keystrokes saved on a computer
- recorded on film
- recorded on tape
- recorded as software code saved on a computer
- recorded digitally onto a device
- there must be an author or artist.
Frequently Asked Questions
What are the requirements for something to be copyrighted in Namibia?
There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original; and it must be fixed in a tangible medium of expression.
What are the 3 requirements for what can be copyrighted in Namibia?
To copyright something, only three elements are required: (1) fixation, (2) originality, and (3) expression. (1) Fixation: a creative idea must be locked in a permanent state. To protect a song, for example, it must be notated on paper or recorded onto tape or CD. A live performance of that song won’t be protected.
What can and Cannot be copyrighted in Namibia?
In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
Can a design be copyrighted in Namibia?
If you create original sketches of your designs, those sketches are protected by copyright law. That means that no one can copy, distribute, publicly display, etc. Copyright law protects the designs on the surface of clothing just as it protects designs on the surface of a canvas or sheet of paper.
When can I use copyrighted material without permission in Namibia?
Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. There are four factors to consider when determining whether your use is a fair one.
Is something automatically copyrighted in Namibia?
Copyright exists automatically in an original work of authorship once it is fixed in a tangible medium, but a copyright owner can take steps to enhance the protections of copyright, the most important of which is registering the work.
Can anything be copyrighted in Namibia?
You can copyright original authorship on a website, including the artwork, logo, writing, photos, videos—basically anything on your website that can otherwise be copyrighted.
Can you sue without copyright registration in Namibia?
You Cannot Sue for Copyright Infringement of an Unregistered Copyright. Copyright law is unique. By simply creating something with artistic value, you own a copyright to that artistic work. However, you cannot sue for copyright infringement unless you have registered your copyright.
Do I need trademark or copyright in Namibia?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
What is considered a copyright infringement in Namibia?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
What is copyright answer in Namibia?
Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work.
Who uses copyright in Namibia?
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.
What is the usual validity of copyright in Namibia?
The copyright usually lasts for 60 years. However, in the case of sound recording copyright extends to the lifetime of the producer plus 60 years after the death of the creator.
What are the rules for copyright in Namibia?
There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original; and it must be fixed in a tangible medium of expression.
How do I get permission to use copyrighted material in Namibia?
- Determine if permission is needed.
- Identify the owner.
- Identify the rights needed.
- Contact the owner and negotiate whether payment is required.
- Get your permission agreement in writing.
Who owns a copyright in Namibia?
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.