Barbadian authors and creatives are being encouraged to take the active steps necessary to protect their literary works by copyrighting them.
This encouragement has come from the Acting Deputy Registrar of Corporate Affairs and Intellectual Property Office (CAIPO), Tamar Grant, who said she would like more Barbadians to become knowledgeable about their intellectual property rights, and the ways and means they could use their copyrights for financial benefit.
Ms. Grant explained that the essential reason for copyrighting was to protect the person’s exclusive economic and moral rights over that work.
“Your economic right speaks to the sale/lease/distribution and publication of reproductions of your original work. Your moral rights speak to the right to be known and acknowledged as the author/creator of the work.
“Moreover, moral right also gives the author a right to object to material distortion, mutilation, alteration, or anything else in relation to the work that is prejudicial to his/her honour or reputation,” she stated.
She made the comments as Barbados prepares to join countries to observe World Book and Copyright Day on April 23, and then World Intellectual Property (IP) Day on April 26. Intellectual Property and Women: Accelerating Innovation and Creativity is the theme of World IP Day. Copyright is a national right, which is acknowledged in the country where it is established.
Some 120 countries across the world have signed onto the international agreement to extend reciprocal copyright protection to works authored by nationals of the other signatory countries. Therefore, works copyrighted in Barbados may also enjoy protection in other countries.
Ms. Grant noted that CAIPO regularly receives calls and queries regarding the process of establishing a copyright, and registering copyrighted works.
She indicated that some people had also called for advice on problems they encountered with their copyrighted works, whether someone had infringed on their rights, or they had a concern over a contract regarding a copyrighted work.
She pointed out that CAIPO was currently working on amending the Copyright Act. “The Copyright Act of Barbados lays out the extent of one’s rights and privileges as the author/creator of a work.
“A review of the Copyright Act of Barbados was undertaken and we are hoping to see a modernisation of the Act, which will see the expansion of copyrighted works to include works in digital format. So, digital broadcasts and other digital programming may also be covered in the legislation,” she explained.
Copyright covers almost all forms of literary, artistic, dramatic and musical works, along with the creation of multi-media software. It also covers typographical arrangements of a published edition, performances by actors, sound recordings, films and broadcast, or cable programmes. The copyright in a literary work lasts for the lifetime of the author, and upon his or her death 50 calendar years thereafter.
Ms. Grant said other types of creative works have a different duration, and suggested that it was important for creators to make themselves au fait with the relevant provisions of the Copyright Act.
“Copyright covers almost all forms of literary, artistic, dramatic and musical works, along with the creation of multi-media software. It also covers typographical arrangements of a published edition, performances by actors, sound recordings, films and broadcast, or cable programmes. The copyright in a literary work lasts for the lifetime of the author, and upon his or her death 50 calendar years thereafter.”
Once an individual completes a literary work, the copyright in that work is established. However, the acting Deputy Registrar pointed out that signing and dating the completed work, and mailing a copy of it strengthens and protects a person’s claim of copyright.
“Signing and dating your work is an act of authentication. It is a declaration to the world that you are the original creator/author of the work. It is also a means of protecting your work from forgery and unauthorised duplication.
“Barbados does not have a formal registry for recording all copyrighted work. To prove the existence of a copyright, one must send a signed and dated copy of the completed work to yourself through the registered mail service. It is important that once you receive your package through the registered mail you do not open it. You are to keep the unopened package and all the documents related to its mailing as proof,” she explained.
Though Barbados does not have a formal registry for copyrighted works, Ms. Grant said the National Library Service (NLS) is a repository for certain copyrighted work.
She stated that, in accordance with the Publication (Legal Deposit) Act, a copy of qualified works published in Barbados or by a permanent resident here must be deposited with the NLS.
“In practice, the National Library Service also accepts deposits of self-published works. The major benefit of the Legal Deposit system is that it creates a public record of published works,” she posited.
In addition to the system of Legal Deposit in Barbados, the acting Deputy Registrar indicated that there are some privately owned collections and catalogues where authors/creators may submit their completed works.
Therefore, Barbadian authors and creatives who have not done so, are urged to take the appropriate measures to protect their copyright for their valuable literary works.