World Intellectual Property Day

Intellectual Property

As we approach World IP Day on 26 April 2025, it is important to remember that intellectual property (IP) refers to creations of the human mind, and it includes inter alia inventions, literary and artistic works, designs, symbols, names, and slogans. The main pillars of IP in South Africa are patents, trade marks, copyright, designs, and plant breeder rights.

The theme for World Intellectual Property Day this year is “IP and Music: Feel the beat”, and with that we wanted to highlight some of the dos and don’ts for content creators in the music space.

Dos for Content Creators

• Register your IP; be it your band name or logo, your stage name, handle, and even the name of your songs.

• Credit your sources by referencing them in your videos.

• Use royalty-free or licensed materials, alternatively, obtain approval from the rights holder.

• Understand the difference between fair use vs. fair dealing.

• Ensure that you understand the IP clauses in your contracts and that you are protected.

• Educate your audience on IP-related matters that are used in your content to prevent infringement.

• Collaborate responsibly by establishing clear agreements on ownership.

• Monitor your IP, including the use of your likeness on social media

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Don’ts for Content Creators

• Do not assume that content online is free. Always confirm that the content is free to use in order to avoid a takedown notice being filed against you.

• Do not overlook licensing terms. For example, a logo labelled “free for private use” should not be used for commercial activities.

• Do not ignore infringement of your IP. Approach an IP Attorney for assistance with enforcing your IP against unauthorised use.

• Do not copy and paste without doing your due diligence.

• Do not neglect to protect your IP.

• Do not share your IP without an agreement in place to govern the use and remuneration for it.

• Do not use unlicensed tools such as pirated software.