How to protect your creative work
I have met many creatives over social media and in person, myself being an artist with my medium of choice being photography. One question that stands out most of the time, is how do I protect my creative work as an artist or a creative entrepreneur? Many creative individuals out there want to know how they should best protect their work.
Copyrights and trademarks are both concepts that fall under the broader topic of intellectual property. Patents also fall under the same intellectual property, yet for this blog post, we will limit our discussions to the basic concepts of Copyrights and Trademarks.
Copyright
In Ghana the Copyright Act 2005, Act 690 gives the creator of literary, dramatic, musical and artistic works the right to control the way in which their material is used. Often, the creator will also have the right to identify as the author and to object to distortions of his work. For copyright to arise, the work must be “original”. Original work must be:
created by a human author;
independent; and
fixed in a tangible form of expression i.e; it captures a medium that is recognized, reproduced or communicated.
Trademark
A trademark is a way for one party to distinguish itself from another. It could be a word, name, symbol, device or any combination of these that shows the source of a good/service OR to identify or distinguish themselves from another.
Examples of copyright or trademark.
Copyright:
Literary works (song lyrics, manuscripts, computer applications, commercial documents, newsletters, articles, etc.)
Dramatic works (plays, dances, etc)
Artistic (photography, paintings, architecture, maps, logos, websites, graphic designs, etc.)
Trademark:
Business name
Business logo
Product name
Tagline
Hashtag
Sound
How do I protect my work then?
Copyright protection is automatic under international law, but in the event that your work is infringed evidence is required to support your claim. It also helps to deter infringement from those who do not understand copyright or where you have not registered them with the Copyright Office.
There are three simple steps you can take that can help ensure your work is safe
Ensure your work is marked.
A correctly worded notice will deter infringement, as it states that the work is under legal protection. Although a copyright notice is not required, (work is automatically subject to copyright protection under the law) displaying a notice shows that you have an awareness of copyright and take infringements of your work seriously.
Register your work
If your work is violated then your claim to the copyright can equally be disputed. This is where the other party claims the work is theirs and thus you may need evidence to help prove your claim. Valuable evidence is provided if you have indeed registered your work with the Copyrights Office. As specialists in this area, we ensure that you have the very best evidence to support your rights anytime you need it. For information on registration, please reach us here.
Agreement between co-authors
If your work is a joint venture, be sure you know where exactly you stand, who will own what rights and what happens when someone leaves. Most works are created on a commission basis which is common for most freelancers. Work for commission - is a work that is created because the creator was specifically hired to do so. In such cases, the specific terms of the employment will determine who retains copyright ownership. Our advice here is to check the terms of your contract before signing any freelance engagements. Works prepared by an employee is when an employee produces creative output as part of their employment. A staff writer for Vogue, for example, who writes reviews of a new fashion line, would not keep any copyright in that article; the magazine would. In Mad Men (one of my favorite shows) when Peggy sells a campaign idea to Burger Chef for the agency, the agency would keep the copyrights and not Peggy Olson.
TRADEMARK
A trademark can be a name, word, slogan, design symbol or another unique device that identifies a product or organization. It shows the source of a good/service OR to identify or distinguish the good/service of one seller.
The superscript symbol ™ shows unregistered common law trademarks and the “R” in a circle (®) symbol can only be used once a trademark has been properly registered. The symbol is usually placed at the upper-right hand corner of a mark; at the lower right-hand corner of a mark; or level with the mark. It is important to note that before using a mark in your business, you should do your research to ensure that no one else is already using the mark or a mark which might be similar to another mark. As a matter of fact, so many trademark applications are rejected due to having one mark strikingly close with another. Trademark registration in Ghana is protected by the Trademarks Act of 2004, Act 664.
There are a few simple steps to take to register your trademark in Ghana.
Conduct a search on availability
This is the first and most important step to register a trademark. Begin by conducting a search to ensure no identical trademarks have been registered or are pending registration. This is a lifesaver.
Submit application
Once there are no registration conflicts, you can submit your application to the Trademark Registry at the Registrar-General’s Department.
Publishing the Trademark
Where the Registrar is satisfied that all requirements have been followed, the Registrar shall publish the trademark in the Trademark Journal to enable any persons opposing the application to raise concerns.
Certificate
Once the registration of the trademark is complete, the Registrar will issue the applicant with an official certificate of registration.
While there’s a lot more to know about copyright law and trademark law, this basic information is a good starting point. For more detailed information on applying for copyright or trademark protection, you can reach us below.
Photo by Matthew T Rader