The world has grown increasingly digital especially during this
time when most people are “working from home.” Today it is easier to
access digital business solutions than was the case some years back.
Some digital business platforms facilitate users to create and sell
their works online. Digital business solutions have certainly enhanced
e-commerce.
There is a lot of innovation that goes into
creating new business solutions and most of the times the end works
qualify for copyright protection. Copyrightable subjects include works
that are literary including books, journals, poems, articles ; audio
including songs, speeches, podcasts; audio-visual including videos and
visual including paintings and so on.
Once a work
qualifies for copyright protection, then there are certain rights
granted to the owners as set out in the Copyright Act. The owner can
control translation or adaptation, distribution, communication to the
public and making available such work.
A lot of
commercialisation of artistic works happens through digital platforms
since producing such work is cheaper than traditional methods. Using
digital platforms is also more advantageous to consumers than
traditional medium. At the click of a button a consumer in another
jurisdiction is able to access the works without having to go through
rigorous procedures, therefore supporting accessibility.
It’s
no wonder then that an increasing number of creators are opting for
digital platforms to enable them commercialise their works. Some common
examples of include platforms which enable distribution of videos to
consumers on payment of access fees. There are some digital libraries
which enable users access a wide range of books on payment of a fee.
Creators of these works are therefore able to sell their works through
these digital platforms
An area of concern for creators or sellers when using digital
platforms, is how to secure their intellectual property rights. With
increased accessibility to digital platforms it has become easier for
third parties to undertake unauthorised reproduction, distribution and
re-selling of original works denying the owners revenue. Digital
platforms have made it easier to infringe copyright.
Despite
the risk posed to the owners, it is still possible to manage the
content and reduce incidences of infringement. One strategy is through
the use of digital rights management systems. A digital rights
management (DRM) system enables an author prevent unauthorised
distribution, reproduction or re-sale of his works by controlling and
limiting access. While DRMs significantly reduce incidences of
infringement it is not possible to completely stop all incidences of
piracy.
That is why the best strategy for authors is to
couple DRMs with copyright enforcement. When publishing or selling your
work, it is prudent to use the appropriate software to control usage of
the work. For example through software it is possible to prevent
illegal downloading of your work unless payment has been first made. It
is possible to limit the ability to print or share the work unless
payment is first made. The option of enforcement of copyright happens
when there is a threatened or actual infringement. This means that as
the rightful owner of the copyright, you can seek court redress against
infringers. A few months ago, a man was arrested for selling pirated
copies of this publication on social media.
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