…African artists can only make a livelihood from their creations once they know how to shield them. Below are several useful tips for protecting your intellectual property.
The intellectual productions such as melodies from our minds, written works, movies, trademarks, among others, can possess significant economic and cultural worth. Nonetheless, to turn this potential into tangible assets, safeguarding your creations becomes crucial.
If, as a creator, you don’t accomplish this, you won’t be able to make a living from your concepts. Copyright refers to the legal protections granted to authors and artists regarding their original literary and artistic creations.
In African nations, registering a song or film isn’t required for copyright; it’s automatically granted once the creation is set in a fixed format. The resulting protection usually extends throughout your life and an additional 50 to 70 years posthumously. Following this period, the work becomes part of the public domain.
Even though your work may be protected by copyright automatically, official registration and proactive protection steps can strengthen your legal position. Some African countries offer voluntary copyright registration systems. Registering creates an official public record of the creator’s ownership.
Content theft: What to do
Utilizing another person’s material without authorization constitutes copyright infringement. On a larger scale, this practice is referred to as content theft. However, copyright holders have numerous options available to them for tackling such infringements.
The crucial initial step involves collecting evidence. This might include screenshots of the violating material along with their URLs and dates. If dealing with videos or audio, make sure to obtain copies. Additionally, document the offender’s username or site, as well as details such as view counts, downloads, and whether advertisements were present or sales occurred.
Frikkie Jonker, Director of Anti-Piracy Broadcasting & Cybersecurity Services at the MultiChoice Group, advises that creators must be prepared with evidence of ownership when protecting their copyrights. He suggests having original project files for music pieces, including timestamps; unedited initial video clips; or script drafts as additional support. Documentation showing official registration with a copyright agency is beneficial as well. Furthermore, social media updates or email correspondences might serve as verification of both authorship and publication dates.
Stop the spread
The following action should be aimed at preventing the unauthorized material from circulating more widely. Typically, the fastest method involves issuing a takedown notice. Should the content be available on the internet, determine which entity is providing access to this information. You may then reach out to them directly using their designated process for addressing copyright violations or opt to dispatch an official cease-and-desist communication.
Many countries have notice-and-takedown systems. The
U.S. DMCA (Digital Millennium Copyright Act)
Has emerged as an unofficial worldwide benchmark. While African nations possess their distinct procedures, a comprehensive cease-and-desist notice may still be dispatched to either the offending site’s operator or the hosting service provider.
Frequently, this is sufficient for the material to be taken down. However, if the violation is significant—a widespread pirating scheme—or if the violator disregards the removal request, the issue may then be referred to the relevant agencies—the national copyright commission, the copyright tribunal, or the police department handling economic crimes.
International networks
African nations are progressively joining forces to implement intellectual property regulations more effectively.
African Continental Free Trade Agreement (AfCFTA)
The agreement encourages member states to collaborate on enforcing intellectual property laws and guarantees that creators can utilize legal means to safeguard their rights.
Global law enforcement agencies such as Interpol and Afripol promote collaboration among nations regarding different types of crime, including intellectual property theft. According to Jonker, many recent multinational efforts have successfully dismantled countless piracy networks spanning multiple continents.
He likewise points out the achievements
World Intellectual Property Organization (WIPO)
.“The WIPO offers structures such as the Berne Convention, ensuring mutual copyright protection across different countries,” he explains. “Additionally, WIPO facilitates arbitration and mediation services—should a creator have a disagreement with an international distributor, they can utilize WIPO’s mediation.”
Tech protection
Technology can serve as a potent ally in safeguarding original material. Two widely used methods for this purpose are watermarking and fingerprinting. Digital watermarking entails incorporating a marker or code within the content itself. These visible markers can then be superimposed onto videos or images.
Sophisticated invisible watermarks intricately embed information within the content itself, possibly through slight modifications of pixel values or adjustments in audio frequencies. Numerous distribution and DRM (Digital Rights Management) systems provide watermarking services to their users.
Digital fingerprinting involves extracting a unique identifier from the content itself without altering it. Like Shazam for a creative work, digital fingerprinting analyses a song or video and finds distinctive identifying data patterns in the work. Big platforms like YouTube and Facebook use fingerprinting to detect uploads of copyrighted music and videos.
When sharing brief videos or pictures on social platforms, an apparent watermark can assist viewers in identifying the original source and ensuring proper credit is given.
Technology can help a creator detect and prove infringement. However, it doesn’t replace legal action – it complements it. A watermark or fingerprint helps find piracy, but it must be followed up.
Allow and monetise
If content becomes popular among fans and is reused, for instance, as background music in videos, it is possible to allow it; but then monetise the content. YouTube’s Content ID has a functionality where if a creator uses someone else’s song, any ad revenue goes to the original creator. This turns unauthorised use into income.
Engaging with platforms and using rights-management tools allows creators to automate and scale IP protection. It’s like having a digital watchdog. After all, creators would rather spend their time creating, not chasing pirates.
Through comprehending your rights, registering and documenting your creations, promptly addressing violations, and utilizing both technological tools and legal avenues, you can considerably decrease the likelihood of your concepts being stolen by others.
You’re not alone; various institutions and resources are available to back you up. When utilized correctly, these supports can safeguard your rights and enable you to concentrate on excelling at producing high-quality work.
Report Piracy:\u202f
International Helpline – +27 11 289 2684
https://www.multichoice.com/partners-against-piracy/types-of-piracy
Provided by SyndiGate Media Inc.
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