Copyright

Copyright

Copyright is concerned with protecting the work of the human intellect.It is the protection of literary and artistic works.These includes; writings,music and works of the fine art such as painting and sculptures,as well as technology based works such as computer programs and electronic data bases.

It protects works that is the expression of thought and not ideas.Thus when expressed in a synopsis or in say a short play or story,it’s such expression that will be protected.There is no requirement that the literary and artistic work be good or have artistic merit,it should however be ORIGINAL.

Law No.2000/011 of Dec 19,2000 on Copyright & Neigbouring rights in Cameroon,in its article 1 states an original work shall mean one which by virtue of its characteristics or expression can be differentiated from previous works.

It’s worth noting that Copy right is concerned with the protection of the human intellect, these authors of creative works shall in respect of such works and by reason of their creation,enjoy a right of exclusive ownership vis-à-vis all other persons and such protection shall be organized by law.Such right shall include;

1)Moral Rights which shall confer on the author the right to decide on disclosure and determine the procedures and condition of such disclosure.claim ownership of the work by requiring that his name or capacity be mentioned each time the work is made available to the public.
2)Patrimonial Right;entails the exclusive right of the author to use or authorize the use of his work and to reap the financial benefit therefrom.
3)exploitation right shall involve representation right,reproduction right,transformation right and distruibution right.
4)Right of Pursuit.

Where such right shall be infringed it shall constitute Forgery.Forgery entails
Any exploitation of a literary or artistic work done in violation of the law.through performance,reproduction,transformation or dostruibution by any means what ever,
Any reproduction,communication or supply to the public through sale ,exchange,rental of a recording,video gram without due authorization,
Any infringement of the right of authorship and the right of intergrity of a performance,
Any infringement of moral rights(…)

Such Infringement of Copyrighted works are punishable with imprisonment of from 5(five) to 10(Ten) years or a fine of from 500.000(Five hundred thousand)to 10.000.000 (Ten million )francs CFA or both such imprisonment and fine.

Copyright infringement is punishable,so endeavor to consult an experienced Intellectual property lawyer who can guide and advise on how to obtain the remedies for Copyright infringement.

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