INTELLECTUAL PROPERTY LAW'S MEDICAL CURE TO WRITING ALLERGIES
HOW I DISCOVERED ABOUT INTELLECTUAL PROPERTY LAW
...Now I understand the popular phrase, "the law is a Doctor".
INTELLECTUAL PROPERTY LAW made me to understand that.
...through my mum.
My name is Lily and I am so passionate about writing. Now I know that sounds cliche because almost everyone writes but that's not the case here. I just love writing.
However, I have the fear of publishing. Not the usual "Sciptophobia" where there's the sudden stress that overtakes you after publishing and makes you question your writing. I have the fear of having my work stolen.
I wanted to put out my content on a blog of my own but I have been plagued by this major fear of how to protect my writings.
For some writers the fear is to put out their work for others to see, probably due to the fear of criticism. But for me, my fear is that someone could steal my write-up because I'm "too good".
I have heard that on so many Social Media platforms like: Facebook, Instagram, Linkedin, etc, top verified accounts usually steal memes that "unknown" accounts create and post it on their page and end up taking all the accolades to themselves.
Then I thought to myself, if people could steal memes, how much more my precious write-up and special ideas. This made me to stay away from putting out my work for all to see.
This fear plagued me till I talked to my mum about it and she told me about Intellectual Property Law. This sounded very vague because that didn't relate to my "writing fear" nor how it could help me curb my fear. However, I decided to suppress my worries and listen to my mum, afterall she knows much better. And she thought me everything there was to know about Intellectual Property Law and how it could help me protect my writings.
If this story is your plight as well, this article is an embodiment of a detailed explanation of Intellectual Property Law and how your writings can be protected under Intellectual Property Law.
WHAT IS INTELLECTUAL PROPERTY LAW?
Intellectual property (IP) law is a body of law that protects original works of authorship, inventions, industrial designs, and symbols, names, and images used in commerce. Intellectual Property is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
There are four main types of intellectual property:
1. Copyright: This protects original works of authorship, including literary, dramatic, musical, and artistic works, such as books, movies, songs, computer software, and architecture.
2. Patents: Patents protect inventions, which are new and useful processes, machines, manufactures, compositions of matter, or improvements thereof.
3. Trademarks: This protect words, phrases, symbols, and designs that are used to identify and distinguish the goods or services of one party from those of others.
4. Trade secrets: This protect confidential business information, such as formulas, recipes, customer lists, and manufacturing processes.
Intellectual Property Law supports and protects any literary work through Copyrights and Trademarks and also allows the original owner of the work to keep his writing and monetizing secrets confidential, as a result of Trade Secrets.
This was the most interesting part of Intellectual Property Law for me because it will encourage personal creativity and motivate originality.
IP law gives creators and innovators the incentive to invest their time and money in developing new products and services. This, in turn, benefits society as a whole by providing new goods and services, creating jobs, and boosting economic growth.
However, finding out about Intellectual Property Law alone didn't soothe all my fears because I really wanted to know exactly how I could get my writing to be protected as an Intellectual Property under the law.
Do I need to register my blog under a particular government Organization, or do I need to get a writing licence?
I had even more questions but luckily my answers kept coming in.
HOW TO PROTECT YOUR WRITINGS UNDER INTELLECTUAL PROPERTY LAW
Literary works are protected under Copyright. Section 1 of the Copyrights Act provides that:
"Copyrights works are literary works; artistic works, cinematograph films; sound recordings; and broadcasts."
Section 39 of the Copyright Act, 2004 defines literary works to include:
"novels, stories and poetic works; plays, stage directions, film sceneries and broadcasting scripts; choreographic works; computer programmes; textbooks, treatise, histories, biographies and anthologies; letters, reports, and memoranda; lectures, addresses and sermons; law reports, excluding decisions of courts; written tables or complaints"
Section 1(2)(a) of the Copyrights Act provides that for copyright to subsist in a literary, musical or artistic work, sufficient effort must have been expended to make the work possess an original character.
According to University of London Press Ltd V. University Tutorial Press Ltd, the work concerned must be original in the sense that it must not be a verbation reproduction of a prior work, but not in the sense that it must itself be a product of original or incentive thinking.
Copyright protection is automatic, meaning that it does not need to be registered with the government. It is in this respect that Section 5, 6, 7 and 8 of the Copyright Act gives the owner of a work the exclusive right to control (subject to the exceptions specified in the Second Schedule to this Act) in Nigeria, the reproduction, broadcasting, publication, performance, adaptation or communication in any material form, the whole or substantial part of the work either in it's original form or any other form derived from the original.
Originality for the purpose of Copyright law is not originality of ideas or thought but originality in the execution of the particular form required to express such ideas or thought.
However, registering a copyright with the Nigerian Copyright Commission can provide additional benefits, such as the ability to sue for copyright infringement in federal court.
To be eligible for copyright protection, a work must be original and fixed in a tangible medium of expression. This means that the work must be created by the author and that it must be recorded in some way, such as in writing, on film, or in a computer file. Copyright does not protect mere ideas, but it protects the expression of an idea in a tangible form.
Some examples of copyright infringement:
* Copying and distributing a copyrighted work without permission.
* Selling or distributing a copyrighted work without permission.
* Posting a copyrighted work online without permission.
* Making unauthorized changes to a copyrighted work.
* Using a copyrighted work in a commercial setting without permission.(Section 36 of Copyright Act 2022)
HOW DO I REGISTER MY WORK UNDER COPYRIGHT?
Copyright is automatic but registering with the Nigerian Copyright commission can give the following benefits like:
* Establishing ownership of your work
* To prevent others from using your work without permission
* Claiming statutory damages and attorney's fees in the event of copyright infringement.
However, this registeration has to be done in accordance with the laid down steps in the Copyright Act.
To register a copyright in Nigeria, you must submit an application form to the Nigerian Copyright Commission (NCC). The application form can be obtained from the NCC website or from any NCC office.
The application form requires you to provide the following information:
* Your name and address
* The title of your work
* The date of creation of your work
* A brief description of your work
* A copy of your work
The NCC filing fee for registering a copyright is ₦10,000 (ten thousand naira).
Once you have submitted your application, the NCC will review it and issue a registration certificate which will contain the title of your work, the author(s), the registration date, and the copyright registration number.
The registration process can take up to 6 months.
Thus, the summary of the steps on how to register your copyright for your writing under the Copyright Act in Nigeria are as follows:
1. Go to the Nigerian Copyright Commission (NCC) website and download the copyright application form.
2. Complete the application form and pay the filing fee.
3. Submit the application form and a copy of your work to any NCC office.
4. The NCC will review your application and issue a registration certificate.
Meanwhile before this full registeration with the NCC, you can go ahead to publish your work with full assurance in your rights by virtue of the fact that Copyright is an automatic right.
It is to be further reiterated that Copyright protection covers the Expression of an idea and not The idea itself. Everybody can write on "Economic measures of the state" from the same angle and perspective and still be protected by Copyright.
WHAT TO DO WHEN YOUR COPYRIGHT IS INFRINGED UPON
You are free to file a copyright infringement lawsuit which gives the opportunity to seek damages, injunctive relief, and attorney's fees.(Section 52 of the Copyright Act 2022)
The punishment for people who disobey the Intellectual Property law as regarding written content varies, depending on the severity of the infringement.
In Nigeria, the Copyright Act provides for a number of civil and criminal penalties for copyright infringement, including:
-Civil penalties: Copyright owners can sue infringers for damages, including lost profits, statutory damages, and attorney's fees.
-Criminal penalties: Copyright infringement is a crime in Nigeria, and offenders can be sentenced to up to 2 years in prison and/or a fine of up to N10 million.
The severity of the punishment will depend on the following factors:
1. The nature of the infringement: For example, unauthorized copying of a book is likely to be punished more severely than unauthorized sharing of a blog post.
2. The amount of damage caused by the infringement: For example, if the infringer makes a profit from the infringement, they are more likely to be punished severely.
3. The intent of the infringer: For example, if the infringer did not know that they were infringing on copyright, they are less likely to be punished severely.
Therefore, If you believe that your copyright has been infringed, you should consult with an attorney to discuss your legal options.
CONCLUSION
This article is an embodiment of a detailed explanation of Intellectual Property Law and how your writings can be protected under Intellectual Property Law.
If you also had a hard time understanding how to protect your literary work, this is a full relief from all the fear as ignorance is no excuse before the law.
Bravo on your new knowledge! Now you can begin your professional writing career!
REFERENCES
AUTHORS
KEENYE DAVID
OGO GLADYS A.
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