Copyright Notice

You may not reproduce whole posts from my blog. If you wish to cite my blog posts in full you will need to ask permission from me. If you are citing a paragraph, you will need to link back to me and state that I, Nightshade, am the author. You may not use any of my artwork without permission. Permission may be obtained by emailing me at nightshade85@ymail.com. You then need to tell me what you want to use, and give me your URL. I have no objection to linking back to me, or using the WordPress reblog  option. Stealing my blog content and using it as a post on another website without permission goes against copyright. Fair Use does not permit using entire blog posts.

All contents on this blog are mine. Any images and blog content that is not mine is either in the public domain or permission was asked in order for it to be used. 

Read the following DEFINITION by www.cipro.co.za

A Copyright is an exclusive right given by law for a term of years to an author, designer, etc. for his/her original work.

WORKS ELIGIBLE FOR REGISTRATION
The Copyright Act protects certain classes or categories of works
The following works are eligible for Copyright, if they are original.

  • Literary works eg. books and written composition novels & practical works.
  • Musical works eg. songs.
  • Artistic works eg. paintings and drawings.
  • Cinematograph films eg programme-carrying signal that has been transmitted by satelite.
  • Sound recordings.
  • Broadcasts eg. broadcasting of films or music.
  • Programme-carrying signals eg.signals embodying a programme.
  • Published editions eg. first print by whatever process.
  • Computer programmes

What Constitutes Copyright Infringement? Plaigiarism

  • Making photocopies for private use is not an infringement of copyright.
  • Copying a public speech or a lecture does not constitute Infringement.
  • No infringement results if work is acknowledged, when one is copying or citing from another author’s work.
  • Generally, in respect of written material, the following guidelines apply:
    • Wherever possible, the author’s permission should be sought to reproduce his / her work.
    • If in an article, paper or speech, when referring to the work of another, it is required that details of the reference be provided in the form of the name of the author and details of his/her publication i.e. title of book or magazine, publisher, date of publication etc.
    • If only a small portion of the work is used, say a few sentences or a paragraph, and provided that an acknowledgement is made, permission is not needed.
    • If a “significant” section is reproduced, such as a chapter, then permission should be obtained.
    • It is generally accepted that work that is being used in academic institutions, research or for private use may be reproduced.
  • Another contentious area is the field of music.
  • Clearly if you were to copy a tape or a CD and sell this, it would represent copyright infringement (referred to as “pirating”) But when a DJ at a party plays CD’s is copyright being infringed?
  • As a general guide, copyright infringement can be said to occur where the copyrighted material of others is used for personal gain as opposed to private or personal use.
  • Copyright infringement does not occur if you copy a public speech or lecture, made for information purposes, or photocopy government publications for public usage.

What is a Trade Mark?

A Trade Mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes it from the goods and services of another. Examples include:

Brand Name:
·  A slogan: COCA COLA, AQUAFRESH
·  A logo: “Everything keeps going right Toyota”
·  Specific shape: The Nike tick, or the MacDonalds “M”

Thus a brand name is a word or combination of words (e.g. Kentucky Fried Chicken). A slogan is a short phrase or a sentence and a logo is a distinctive picture or symbol. They provide a distinctive identity in the marketplace. They can apply to both products and services.
When a Trade mark (brand name, slogan or logo) has been registered, nobody else can use this Trade mark, or one that is confusingly similar. If this happens, legal action may result.

Must a Trade Mark be Registered?

A Trade Mark can only be protected as such and defended under the Act if it is registered. Un-registered Trade Marks may be defended in terms of common law. The registration procedure results in a registration certificate which has legal status, allowing the owner of the registered Trade Mark has the exclusive right to use that mark.
CIPRO administers the Register of Trade Marks that is a record of all the trade marks that have been formally registered.

What is the Lifespan of a Trade Mark?

A registered Trade Mark can be protected forever, provided it is renewed every ten years upon payment of a renewal fee.
Please note that this description is copyright to CIPRO.

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